Nicholas Gruen wants to give a citizen jury a “very, very small power”

Nicholas Gruen, an occasional contributor to this blog, has appeared on the Australian radio show Overnight with Michael McLaren and talked to Luke Grant about using sortition to add “a whole new part to Australian democracy”.

Like quite a few other prominent advocates for sortition, Gruen’s rhetoric tends to minimize the oppressive outcomes of the current system, and in doing so becomes incoherent. On the one hand, Gruen argues rather forcefully that the electoral system is non-representative and is really about promoting the interests of powerful organizations and people and of certain sectors in the population. However, at the same time, Gruen never tires of iterating his commitment to keeping essentially that same system – which he insists on calling a “democracy” – and emphasizing that his goal is simply “moderating the worst” of this system using citizen juries in one way or another.

Herefordshire: The cost of sortition

Christopher Baily, from Weston under Penyard, writes the following in a letter to the Hereford Times:

How much did Climate Assembly cost Herefordshire Council?

ACCORDING to the Herefordshire Council website the Herefordshire Citizens’ Climate Assembly discussed last month how Herefordshire should meet the challenges of climate change.

The people taking part were chosen from households invited to register their interest by an independent organisation called the Sortition Foundation, who were to make sure the final group represented the diversity of Herefordshire’s population.

On its website the Sortition Foundation says that together we can fix our broken politics.

May I ask whether David Hitchiner, the leader of the council for the past three years, subscribes to the view that our politics are in fact broken and, if so, what the council has been doing about it?

Perhaps he might also tell us, in the spirit of openness and accountability, how much of our money has been spent on engaging Sortition in this way, along with Impact Consultancy and Research and the Involve Foundation helping to run the assembly.

Disclosure of costs may be a rather trivial matter, and the obsession with this issue reflects the “broken politics” we are saddled with. But the issue of transparency around the application of sortition is crucial. Without transparency, it is easy to suspect that the whole process is being manipulated behind the scenes by established powers.

San Francisco recalls school board members who replaced exams with a lottery

A year ago the San Francisco board of education voted to replace admission exams at Lowell High School, “regarded as San Francisco’s top public high school”, and one of two public schools using exams for admissions, with a lottery. The school has a high proportion of Asian students and a low proportion of Black students, and, naturally, the change was presented as both being unfair to the former and as being a way to address discrimination against the latter.

On Tuesday some of the board members behind this change (as well as some other more symbolic changes) were recalled by large majorities of the San Francisco voters.

Sortition advocacy in South Africa

In an op-ed on the South African website Thought Leader, Bronya Hirschman writes about sortition.

Governance re-imagined: Is politics without parties possible?

Sortition offers inclusiveness and creates a diverse, non-partisan government and it asks citizens to take responsibility for their governance.

In 2021, media outlets (SABC News, IOL and Bloomberg, among others) reported that voter turnout was at an all-time low. Professor Joleen Steyn-Knotze, of the Human Sciences Research Council, attributes this to voter dissatisfaction. Research by The Conversation concurs and puts low voter turnout down to “individual and administrative barriers, followed by complaints about service delivery and corruption, uninterest or disillusionment, and a lack of political alignment”.

But it appears that low voter turnout is a global trend. Elections, as David van Reybrouck explains in Against Elections: The Case for Democracy, were, after all, designed to keep power in the hands of the elite. Thus it would seem we, as a society, have lost faith in the political process. But what does this mean? In effect, we, the people, are just a few people — the rest, a bit busy to be bothered.
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Action ideas

In the discussion following my presentation in the January DWE meeting, one of the participants suggested that a list of actions and activities that sortition activists can engage in in order to promote idea of sortition would be useful. Here is my attempt at a first draft. The possible actions and activities are categorized by the circle of action (internal, personal circle, wider circles). In addition there is a category of activities that are suitable for coordinated action. In some cases it may be worth expanding on the bullet items and giving some details, but I wanted to keep the list brief and manageable, so I intend to do this separately.

Please contribute your ideas in the comments. Hopefully we can create an improved, richer list in future versions.

Changing personal habits of thought and expression

  • Breaking the habit of thinking and referring to countries with elections-based political systems as “democratic” (e.g., “the Western democracies”)
  • Awareness of the oppressive outcomes of the elections-based system
  • Thinking and talking about those outcomes as inherent to the elections-based system, rather than aberrations
  • Rejecting the standard electoralist “fixes” (campaign finance reforms, term limits, the popular initiative process, proportional representation, etc.)

Action within the personal circle
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The classical unities

According to Wikipedia, it was Italian Renaissance philosopher Gian Giorgio Trissino who came up with the “classical unities” as a prescriptive theory of dramatic tragedy. The three unities are:

  • Unity of action: a tragedy should have one principal action.
  • Unity of time: the action in a tragedy should occur over a period of no more than 24 hours.
  • Unity of place: a tragedy should exist in a single physical location.

When considering how sortition (and elections) can be conducted in a way that would be resistant to manipulation, such unities are crucial, argues Trent Clark in an article in the Idaho State Journal.

Ancient Athens was home to one of the world’s first democracies. The Greek orator and reformer Cleisthenes initiated citizen “voting” in 508 BC. His solution: Give every voter one black stone and one white stone. On each decision, whether to go to war, accept a treaty, send trade delegations, etc., the citizens would cast a stone (white for “yes,” black for “no”) into a jar. The contents of the jar determined the policy of the city. As many as 6,000 Athenians would participate.

In early Athens, serving in government was a civic obligation, like jury duty today. Military assignments were based on skill with weapons and history as a soldier. But other posts were randomly drawn, a process called “sortition.” Tokens with a citizen’s name, or pinakia, were arranged across a large flat tablet or kleroterion. Multi-colored dice were used to select rows and columns, pointing to a random name for each open position.

Cleisthenes found it essential that all this occur at a known location, at a designated time, in public. Citizens needed to see that the process was not rigged or “fixed” by the city’s tribal bosses.

Sortition in Vox

In another manifestation of sortition making progress in the English-speaking world, the U.S. news website Vox has an article about this idea. The author is Dylan Matthews.

[I]f you want to know what Congress will do in 50 years, seeing what ideas are percolating in the academy can be surprisingly informative.

That’s why I’ve been struck by the growing popularity, among academics, of a radical idea for rethinking democracy: getting rid of elections, and instead picking representatives by lottery, as with jury duty. The idea, sometimes called sortition or “lottocracy,” originates in ancient Athens, where democracy often took the form of assigning positions to citizens by drawing lots.

But lately it’s had a revival in the academy; Rutgers philosopher Alex Guerrero, Yale political theorist Hélène Landemore, and Belgian public intellectual David Van Reybrouck have been among the most vocal advocates in recent years. (If you’re a podcast fan, I recommend Landemore’s appearance on The Ezra Klein Show.) The broad sense that American democracy is in crisis has provoked an interest in bold ideas for repairing it, with lottocracy the boldest among them.

It is worth noting that the article talks explicitly about “getting rid of elections”, rather than “complementing elections”, or employing some other vague phrasing regarding the future use of the electoral mechanism.
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What If We Made Democracy… More Democratic?

In These Times Editors on 4 Jan.:

When politicians seem increasingly out of touch with the average person, perhaps the average person should make decisions instead.

sor•ti•tion

noun

  1. the appointment of political positions by lottery, rather than election

Aren’t elections kind of what ​“make” democracy, though?

Not according to the ancient Athenians. In fact, these early democrats worried elections would inevitably favor the wealthy and powerful sound familiar? The city-state functioned instead by having citizens randomly selected annually to serve in public office, with duties ranging from monitoring public finances to deciding foreign policy and participating as one (of 6000) jurors on the People’s Court. Women and enslaved people, among others, were excluded, so Athens might not be the best example of a full-fledged democracy; still, they had a point about elections. In the United States, wealthy donors have more impact on policy than public opinion, and Congress is far whiter, richer, older and more male than the overall population.

You can read the rest of this short editorial here.

Huffman: The jury is a political, as well as a judicial, institution

James L. Huffman, professor of law and the former dean of Lewis & Clark Law School in Portland, OR, writes in The Hill.

Second-guessing jury verdicts undermines confidence in the democratic system

English jurist William Blackstone observed before the founding of the American nation, the jury serves as a popular check on abuses by those who wield the powers of the state: “[The jury] preserves in the hands of the people that share which they ought to have in the administration of public justice and prevents the encroachments of the more powerful and wealthy citizens.”

The jury is thus a political, as well as a judicial, institution — but that does not mean juries engage in politics or should be subjected to political influence and judgment. In “Democracy in America,” Alexis de Tocqueville noted that the jury can be either a democratic or an aristocratic institution “that places the real direction of society in the hands of the governed or in a portion of them, and not in those who govern.”

Because juries in America are drawn by lot from the general population, they are democratic but insulated from the bias of public officials and the partisan preferences of shifting majorities.

As the American Bar Association states in a publication on the history of the jury system: “[T]he right to a jury of one’s peers is a corner-stone of American democracy. Along with voting, it’s one of the main ways people take part in the public life of this nation.”

Routine questioning of the legitimacy of duly reached jury verdicts is no less an attack on democracy than is questioning the legitimacy of a duly conducted election. The jury exists to resolve disputes over individual rights and government power, not to serve a partisan agenda. In resolving the dispute in a particular case, the jury functions not as an instrument of the ruling party but rather as a check on the politicization of the administration of justice.

Sortition in 2021

Equality-by-Lot’s traditional yearly review post.

The most significant piece of sortition-related news of the year was, in my view, the findings of an opinion poll run in four Western European countries – the UK, France, Italy and Germany – regarding the place of sortition in government. The survey found that 27%-30% among those asked support using allotted bodies to systematically complement the work of parliament.

As always, sortition has been most prominent in 2021 in the Francophone world. Early in the year, Macron’s administration in France formed an allotted panel monitoring the Coronavirus vaccination campaign. Not much has been heard of it since. The utilization of allotment by the Macron administration has become frequent enough to merit condemnation as well as ridicule. Sortition’s political presence is such that it draws regular criticism from elite writers, but also some support. The journal Raisons politiques devoted a large part of an issue to sortition. In Switzerland, a proposal to select judges by lot among qualified candidates failed at the polls.

However, sortition had some presence elsewhere as well in 2021. An allotted assembly was convened as part of the COP26 UN climate change conference. In Bosnia and Herzegovina a citizen assembly was called to express its opinion on constitutional and electoral questions. Scotland’s Citizen Assembly published its report. One of the recommendations in the report was to use allotted bodies to scrutinize government proposals and parliamentary bills. An allotted assembly about the climate was discussed in Austria as well. Ireland held a citizens’ assembly on gender equality. Washington state allotted a climate assembly. In the wake of the protests following the murder of George Floyd, allotted police oversight commissions were discussed in California. A CS course at Harvard dealt with sortition and an algorithm for quota sampling from unrepresentative volunteers made it into Nature.

The Japanese journal Law and Philosophy devoted an issue to “Just Lotteries”. Hélène Landemore, Yale political science professor and author of the book Open Democracy, has promoted sortition in an interview in The Nation magazine and in an article in Foreign Policy magazine. The Hannah Arendt Center at Bard College held a conference about sortition.

Sortition was proposed as a way to create a governing body for the Internet, as tool to counter the allure of the Chinese system, as a way to save the UK and to stop popular but “undemocratic or illiberal” leaders from getting elected, and as a way to appoint public servants. A paper discussed sortition with a focus on India. In Massachusetts a letter to the newspaper introduced its readers to the idea of allotted citizen assemblies. A new book asserted that sortition is the only way to achieve a demcoratic system, while an article claimed that sortition is unable to address the biggest problem of the existing system, citizen apathy.