Pek: Sortition as the remedy for organizational degeneration in worker-owned firms

It is undebatable that in Western societies private firms are oligarchical institutions in which power is concentrated in the hands of the few. It is therefore not surprising that it is frequently argued that a major front in the struggle for democratization of Western society is the workplace. It is further argued that the democratic alternative to private firms are worker-owned firms. Such an argument, however, usually focuses solely on the formal issue of “ownership” and ignores the inherent oligarchizing tendencies of large organizations. A paper by Simon Pek in the Journal of Management Inquiry tackles the latter, crucial issue.

Drawing Out Democracy: The Role of Sortition in Preventing and Overcoming Organizational Degeneration in Worker-Owned Firms

Simon Pek

Abstract

Fostering sustainable worker ownership and control of their organizations has long been an aspiration for many. Yet, the growth of worker-owned firms (WOFs) is often accompanied by organizational degeneration: the tendency for a small oligarchy of unrepresentative workers to control democratic structures at the expense of the participation of everyday workers. Prior research suggests that organizational degeneration occurs naturally as WOFs become larger and more complex. Building on and departing from this work, I argue in this essay that an important cause is likely to be current practice around how worker representatives are selected—specifically, the near-universal reliance on elections. As an alternative, I argue that the application of sortition—the use of lotteries—to select worker representatives in major decision-making bodies such as boards of directors and councils could help prevent and overcome organizational degeneration, while also offering additional social and business benefits for workers and their organizations.

Bagg: Citizen oversight juries

Samuel Bagg is a democratic theorist, soon to be at the University of South Carolina. In 2019 he co-wrote with Michael Schulson an article about sortition in Dissent magazine. In a paper just published in the American Journal of Political Science Bagg elaborates on the ideas in Dissent magazine. The elitist notions that were hinted at in the 2019 article (and that are unfortunately standard among academics who discuss sortition) are now full fledged as Bagg offers a proposal for a strictly curtailed role for allotted bodies. The proposal seems very much along the lines the proposal made by Ethan Leib almost 20 years ago (of which Bagg seems unaware), but with a more limited range of application.

The paper’s abstract is as follows:

Sortition as Anti-Corruption: Popular Oversight against Elite Capture

Random selection for political office—or “sortition”—is increasingly seen as a promising tool for democratic renewal. Critics worry, however, that replacing elected and appointed officials with randomly selected citizens would only exacerbate elite manipulation of political processes. This article argues that sortition can contribute to democratic renewal, but that its genuine promise is obscured by the excessive ambition and misplaced focus of prevailing models. Casting random selection as a route to accurate representation of the popular will, most contemporary proposals require randomly selected citizens to perform legislative tasks, whose open-endedness grants substantial discretion to elite agenda setters and facilitators. The real democratic promise of sortition-based reforms, I argue, lies in obstructing elite capture at critical junctures: a narrower task of oversight that creates fewer opportunities for elite manipulation. In such contexts, the benefits of empowering ordinary people—resulting from their immunity to certain distorting influences on career officials—plausibly outweigh the risks.

The notion of oversight is rather broad and could imply bodies with wide anti-corruption purview that could create a real source of independent political power by drawing and enforcing radical rules about the connections decision makers (and in particular, elected officials) may or may not have with the powerful bodies in society and politics. However, this is not at all what Bagg has in mind.

COJs [Citizen Oversight Juries] would be convened over the course of a few days or weeks at most, and participants drawn randomly from the population would be required to serve for the entire process, so as to minimize the distortions of self-selection. As in civil and criminal trials, crucially, the role of jurors would be to make a judgment about a narrow, binary question, whose parameters are fixed in advance, after hearing arguments from designated adversarial representatives on both sides.

Thus, just like Leib’s proposal, Bagg’s proposal is for ad-hoc, short-term bodies, whose rules, agenda and information are dictated by elite bodies. It is only within the framework of these restrictions that Bagg feels that “citizen oversight bodies could plausibly make use of those advantages [of sortition] without incurring excessive risks”.

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.

1,000

The number 1,000 seems to have some kind of charm when it comes to allotted bodies. There is of course the G1000 – “a Belgian platform for democratic innovation” backed by the renown of David Van Reybrouck. But more generally, there is somehow the notion that 1,000 is a good size for an allotted body. Supposedly, 1,000 is how big a body has to be in order to be “representative”. This intuition may be to some extent reinforced by the fact that opinion polls often use (or claim to use) samples of a similar size. There is also the fact that when one is surrounded by 1,000 people there is a feeling of being in the presence of a crowd and one becomes an anonymous, insignificant point in that crowd – and maybe that seems to reflect what membership in a mass community is about.

In fact, the number 1,000 is completely arbitrary. Its use in opinion polling is rather coincidental, and there is certainly no reason to use it when allotting political bodies. Indeed, the feeling of being lost in a crowd of 1,000 people is a strong indication that 1,000 is too many.

As is generally the case when considering the design of allotted bodies (and when thinking about sortition on the whole) it is most fruitful to consider the issue of body size via the model of extending self-representation. For the decision-making body to make policy that represents the interests of the people, two things have to happen:

  1. The body has to be internally democratic. That is, there has to be an equality of political power within the body.
  2. The membership of body has to reflect the population in the sense that its values and world view match those of the population.

Those two conditions generate two conflicting considerations: since large groups of people tend to generate spontaneous inequalities within the group, the first condition implies that the size cannot be too large. The second condition implies that the makeup of the body has to be statistically representative, so that it should not be “too small”.
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Short refutations of common arguments for sortition (part 4/4)

Part 1 Part 2 Part 3.

I conclude this series of posts by refuting three “philosophical” arguments. These arguments purport to provide theoretical bases for the use of sortition.

10. “The Blind break”: The trouble with elections is that it appoints decision makers based on bad reasons – connections, wealth, ambition, etc. Sortition selects decision makers at random, thus for no reasons at all, and in particular for no bad reasons.

Taken at face value, this argument is rather weak. Would having decision makers that were not selected due to bad reasons be enough for producing good policy? Relatedly, this argument provides little guidance for how the decision making body should be set up. For example, what size should be body be? After all, each institutional parameter that would be set would be set due to some reason. Would those reason be good or bad?

Finally, even the claim that selecting at random is selection that excludes reasons is hardly convincing. Having an equal-probability lottery is not a natural default. It is itself a procedural choice which is made for some reason – the very convincing reason that all group members are political equals. If one rejects this reason, one could very well argue that sortition should be rejected.
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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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Short refutations of common arguments for sortition (part 3)

Part 1 Part 2.

The arguments below make a case for sortition that is based on a general, rather vague sense of a need for change.

6. Elections are an 18th century technology. We need to modernize democracy by adopting new, modern ideas and institutions. Sortition is one such new idea and is enabled by new technologies.

This argument is obviously false factually. Sortition was practiced in Athens some 2,500 years ago. Drawing lots could easily have been implemented at the end of the 18th century instead or in addition to tallying votes. Furthermore, this perpetuates the standard distortion of the historical record regarding the ideology and the objectives of the creators of the Western system. Elections were not an 18th century democratic technology, but rather an age old oligarchical mechanism. They were deliberately adopted in the 18th century for this reason. Thus there is no democracy to be modernized. There is an elections-based oligarchy that needs to be replaced by a sortition-based democracy.

7. Democratic fatigue: voters have grown tired of the elections. New institutions we need to be introduced in order to revitalize democracy.

A prominent spokesman of this argument is David Van Reybrouck:

Countless western societies are currently afflicted by what we might call “democratic fatigue syndrome”. Symptoms may include referendum fever, declining party membership, and low voter turnout. Or government impotence and political paralysis – under relentless media scrutiny, widespread public distrust, and populist upheavals.

But democratic fatigue syndrome is not so much caused by the people, the politicians or the parties – it is caused by the procedure. Democracy is not the problem. Voting is the problem.

Van Reybrouck explains that “the fundamental cause of democratic fatigue syndrome lies in the fact that we have all become electoral fundamentalists, venerating elections but despising the people who are elected”. This is a wholly unsatisfactory “fundamental cause”. Why are elections producing such poor despised officials? Why and when have we “become electoral fundamentalists”? What was the situation before that?

As an argument for sortition this is also rather weak. Why sortition rather than any other alternative to elections? Maybe elections can be fixed? If they used to work in the past, maybe they can be made to work again? Maybe we can have sortition together with elections? And/or together with many other new institutions? How do we know which institutions can be expected to work? If “relentless media scrutiny” is a problem, why would sortition fare any better than elections?
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Guides and standards of good practice for allotted assemblies in politics

As the use of allotted assemblies (also called juries, or similar terms) in politics grows by the year, so does the number of guides and standards of good practice for those bodies. It seems therefore necessary to provide an evaluation tool for this kind of publication.

In this post I list relevant publications. Future posts will be devoted to the development of the evaluation tool. No doubt this will be a challenge. Then we will be able to evaluate the each of the publications in subsequent posts.

  1. The Alliance for a Diverse Democracy, Dr. Antoine Vergne: Citizens’ Participation Using Sortition: A practical guide to using random selection to guarantee diverse democratic participation.
  2. newDemocracy and the UN Democracy Fund: Enabling National Initiatives to Take Democracy Beyond Elections.
  3. ‘meer democratie’ (Belgium), Paul Nollen: Code of Good Practice for allotted mini-publics involved with legislation.
  4. Sortition Foundation: How to run a citizens’ assembly.
  5. Marcin Gerwin: Citizens Assemblies: Guide to democracy that works.
  6. Extinction Rebellion: The Extinction Rebellion Guide to Citizens Assemblies.
  7. Innovation in Democracy Programme (UK): How to run a
    citizens’ assembly
    : A handbook for local authorities based on the Innovation in Democracy Programme.
  8. Westminster Foundation for Democracy (WFD) and The newDemocracy Foundation: An introduction to deliberative democracy for members of parliament.
  9. OECD: Innovative Citizen Participation and New Democratic Institutions.
  10. Sciences Citoyennes: La convention de citoyens (French), The Citizens Convention (English).

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.