What If We Made Democracy… More Democratic?

Posted on January 6, 2022 by Ahmed R. Teleb

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.

Filed under: Athens, Elections, History, Press, Sortition | Tagged: , | 3 Comments »

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

Posted on December 21, 2021 by Yoram Gat

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.

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Sortition in 2021

Posted on December 18, 2021 by Yoram Gat

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.

Filed under: Academia, Applications, Elections, Opinion polling, Press, Proposals, Sortition | 5 Comments »

Sortition: An Ancient Remedy to Heal the Organized Community’s Wounds

Posted on December 12, 2021 by Yoram Gat

Christopher Tripoulas writes in The National Herald, a publication aimed at the Greek American community:

For months now, the Federation of Hellenic Societies of Greater New York has been embroiled in an ugly dispute between rival sides. As the coordinating umbrella organization for local Greek societies, its primary function is to organize the annual Greek Independence Day Parade on Fifth Avenue.

Despite any criticism regarding its subdued presence in other issues of vital importance for the Greek-American Community or the manner in which it organizes the parade, the truth is that with the exception of Holy Week, it handles perhaps the largest and most recognizable collective Greek Community activity in America. This alone constitutes the resolution of the present dysfunctionality an immediate priority.

The organization of a parade, without clear objectives and messages, negates its very purpose. Although the parade takes place in a prime location and is covered live by a large metropolitan area broadcaster, there are still glaring issues. Whether it’s the lack of a stricter dress code for participants to promote uniformity and aesthetic beauty, or the failure to properly showcase student-marchers, considering that our Greek parochial schools are interspersed with no rhyme or reason, as if Hellenic Paideia was not one of the most critical issues for the survival of Hellenism, there are serious issues that need to be examined through public discourse, and not just in the anterooms of the Federation.

Ultimately, either the Greek-American Community will manage to prioritize certain common values around which it will work in unison and strategically to upgrade the institutions that express them, or it will come apart, because the ‘tropos’ or manner of its distinct otherness will no longer be discernible, leading to withering and dissolution.

This column proposes that the present administrative crisis can be overcome through the application of the ancient democratic practice of sortition; that is, distribution of offices via a lottery system. In his work ‘Rhetoric’, Aristotle notes that “a Democracy is a form of government under which the citizens distribute the offices of state among themselves by lot” (1365b-1366a). Hence, if the Federation leadership invokes democracy as a defining quality of its mode of governance, then there should not be any problem with accepting the distribution of offices according to its signature trait.

On the contrary, the revival of this ancient element of democracy would serve as a sterling example for other organizations, while showcasing an essential aspect of democracy that is frequently overlooked in contemporary society. And while this trait may escape popular attention, it is not altogether absent from modern democratic polities. Two characteristic examples from the United States regarding the contemporary use of sortition include the selection of jurors for trials, and the draft, which is currently not in use, but still a legal requirement laid out in the selective service system. Now, if many of us just happen to view the former as an imposition and waste of time, and ward off the latter, it’s worth questioning just how democratically minded we truly are…
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Filed under: Athens, Elections, History, Press, Proposals, Sortition | 1 Comment »

Landemore in Foreign Policy

Posted on December 10, 2021 by Yoram Gat

Prof. Hélène Landemore has a hard-hitting new article in Foreign Policy magazine. From the outset, Landemore’s subtitle aims right at the heart of modern democracy dogma:

Democracy as it was envisioned was never about real people power. That’s what needs to change.

This radical attack on the electoralist system keeps on coming, paragraph after paragraph. Landemore seems ready now to finally correct the conventional terminology (the unwillingness to do away with this convention was a huge burden for her in Open Democracy):

The systems in place today once represented a clear improvement on prior regimes—monarchies, theocracies, and other tyrannies—but it may be a mistake to call them adherents of democracy at all. The word roughly translates from its original Greek as “people’s power.” But the people writ large don’t hold power in these systems. Elites do.

Representative government, the ancestor of modern democracies, was born in the 18th century as a classical liberal-republican construct rather than a democratic one, primarily focused on the protection of certain individual rights rather than the empowerment of the broader citizenry. The goal was to give the people some say in choosing their rulers without allowing for actual popular rule.

The Founding Fathers of the United States, for example, famously wanted to create a republic rather than a democracy, which they associated with mob rule. James Madison, in particular, feared the tyranny of the majority as much as he disliked and rejected the old monarchical orders.

Another important attribute of the article is that Landemore is making it explicit that exclusion from government is not merely a matter of making people “feel involved”, but rather translates into unrepresented interests:
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Filed under: Academia, Applications, Athens, Books, Deliberation, Elections, History, House of Lords, Juries, Mass action, Participation, Press, Sortition | 1 Comment »

Gauchebdo: Sortition – a false solution

Posted on December 4, 2021 by Yoram Gat

The following piece was recently published on Gauchebdo (“Left Weekly”), a Swiss website which bills itself as “a platform for men and women who resist, the voice of those who propose to change society”.

Sortition – a false solution
Anaïs Timofte

Sortition has become over the last few years an idea which is garnering increasing attention. Whether in the context of deliberative citizen assemblies concerning the climate, or of the selection of candidates for the executive bodies of social movements, or of the random ordering of candidates on an electoral list, there is no shortage of examples.

Some promoters of sortition go farther and see it as an alternative mode of representation and to the election of parliament members. They see is as a way to “renew the democratic process” having the advantage of dissipating the “elitism” of the electoral process. But is this really the case?

Greek origins

Sortition is far from being a new idea. The most famous example is that of Athens in ancient Greece. The Council, composed of 500 Athenian citizens wielding significant legislative and executive powers, was allotted in a well defined and controlled process. In order to handle numerous tasks, the allotted citizens had at their disposal “public slaves”, owned by the city, whom they managed.

Other examples often evokes as part of the history of sortition are those of the medieval communes of 13th century Italy: Verona, Venice and Perugia. These cities developed modes of selection combining elections and sortition.

Sortition and capitalism

Even though there is something intriguing in the idea of imagining the powers-that-be reproduce today sophisticated (and largely fantastic) selection methods used by the Athenian democracy and of Venice of the Doges, it is nevertheless necessary to understand sortition within the framework of the current capitalist system and within the framework of the organization of working classes that aim to move beyond this system. 5 point of criticism may be raised:

First, sortition leads to a depolitization of the process of selection, and more precisely, a dissipation of class conflict. The candidates no longer need to defend ideas or a conception of society – their individual or social-professional characteristics suffice.
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Filed under: Athens, History, Press, Sortition | 57 Comments »

Waxman and McCulloch: The Democracy Manifesto

Posted on November 16, 2021 by Yoram Gat

Wayne Waxman, a retired professor of modern philosophy, and Alison McCulloch, a scholar of philosophy and retired journalist (as well as a contributor to this blog), have just published a book named The Democracy Manifesto: A Dialogue on Why Elections Need to be Replaced with Sortition.

The Democracy Manifesto is about how to recreate democracy by replacing elections with government that is truly of, by and for the people. Written in engaging and accessible dialogue form, the book argues that the only truly democratic system of government is one in which decision-makers are selected randomly (by sortition) from the population at large, operating much the way trial juries do today, but 100% online, enabling people to govern together even across great distances. Sortition has a storied history but what sets The Democracy Manifesto apart is its comprehensive account of how it can be implemented not only across all sectors and levels of government, but throughout society as well, including the democratization of mass media, corporations, banks, and other large institutions. The resulting Sortitive Representative Democracy (SRD) is the true heir to ancient Greek democracy, and the only means of ensuring ‘we the people’ are represented by our fellow citizens rather than by the revolving groups of elites that dominate electoral systems. In the process, the book grapples with myriad hot topics including economic issues, international relations, indigenous rights, environmentalism and more.

Filed under: Academia, Athens, Books, Elections, Press, Proposals, Sortition | 32 Comments »

Meyer-Resende: Citizen assemblies do not address the biggest problem in democracies

Posted on November 13, 2021 by Yoram Gat

Michael Meyer-Resende writes in the EUobserver:

[M]any climate activists want to expand democracy. They are deeply frustrated with the insufficient response to the threat of global heating.

There is much talk that the old institutions of representative democracy are not good enough to meet the challenge. “Politicians simply can’t see past the next election,” says the group Extinction Rebellion. The role of citizens is reduced to voting once every four or five years. Or so the argument goes.

That is why one idea has gained much enthusiasm among climate activists: citizen assemblies.

In these assemblies, people who are drawn by lot from pre-defined groups that broadly represent society, hear from experts, discuss what should be done about climate change and adopt recommendations, or even decisions.
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The Core Assembly

Posted on October 27, 2021 by Yoram Gat

The Core Assembly is an allotted body described by its organizers as follows:

The Core Assembly brings together 100 people from around the world, a snapshot of the planet’s population.

They will learn about and discuss the climate and ecological crisis, and present proposals at the COP26 climate conference in November 2021.

The members of the body were selected using a multi-stage process involving both allotment and co-optation:

Step 1. Global location lottery: On June 24, we selected 100 points on the globe by lottery, using a NASA database of human population density. The 100 points produced by this lottery (also called a sortition) are the locations from where we recruited participants for the Core Assembly. In the future we hope to perform this global lottery with 1,000 points. The data and the open source code used to do this are freely available.
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Filed under: Applications, Press, Sortition | 11 Comments »

Dominic Lawson: We hound today’s politicians but we take them for granted at our peril

Posted on October 24, 2021 by keithsutherland

This article in the Sunday Times is a valuable corrective to the prevailing view on this blog that elected politicians are only in it for themselves. Note the claim from the FT Whitehall editor “There’s almost no one I’ve met in a decade in [Westminster] who isn’t here because they want to help the country.”

Various trades are being depleted by an exodus of those willing to do what can be an unpleasant job: we are now seeing this in road haulage and social care. For many workers in these sectors the pain seems no longer worth the gain. For the rest of us — the consumers — there are unwelcome consequences, readily appreciated. But what if the same thing happens to the trade for which the public seems to have least respect? I mean our politicians.

Last week the Financial Times’s Whitehall editor, Sebastian Payne, said on Twitter he was “struck by the number of MPs who have told me they’re seriously considering leaving parliament, following the killing of Sir David Amess”. But it wasn’t just a matter of concern for the physical safety of themselves and their families: “That’s before considering the threats, abuse and hatred that spills in every day.” Defending the political trade as a whole, Payne observed: “There’s almost no one I’ve met in a decade in [Westminster] who isn’t here because they want to help the country.”

That is not a frequently expressed opinion in the traditional outlets of journalism, let alone the sewers of social media. This is the general atmosphere in which the North Devon MP, Selaine Saxby, was appalled to come across a cartoon in her local parish magazine showing a woman in a confessional saying: “Bless me, Father, for I have sinned. Last night I killed a politician”, and the priest responding, “My daughter, I’m here to listen to your sins, not your community service work.” This was published before the slaughter of Amess; but he was not the first MP in recent years to have been murdered, or stabbed, while, actually, doing his community service work.

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Filed under: Elections, Press | 2 Comments »

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