David Van Reybrouck: Against elections

Ad van der Ven wrote to draw attention to David Van Reybrouck’s argument in favor of sortition. Van Reybrouck is a prize winning Flemish Belgian author writing historical fiction, literary non-fiction, novels, poetry, plays and academic texts.

His latest book is Tegen verkiezingen (Against elections) (machine translation with my touch-ups):

Our representative democracy is increasingly in the doldrums. Its legitimacy is affected: fewer and fewer people vote, voters are less predictable in their choice, and the membership of political parties is decreasing dramatically. It is the efficiency of less democracy: since long term government is problematic, politicians increasingly align their policies to the next election. It all leads to what is called by David Van Reybrouck democratic fatigue. But how do tackle it? Papering over the cracks – that is what is happening now mainly. There are some renovation trends here and there. Reybrouck fears that this kind of marginal solutions is no longer sufficient and that the existing system will result in more and more crises.
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A theory of sortition, part 2 of 2

Part 1 is here.

Extension of self-representation

Like many other authors discussing sortition (Dahl, Leib, Zakaras, Fishkin, and others), Stone and Dowlen choose, then, to drastically downgrade sortition from a tool of radical democratic reform (as presented by C&P, or earlier by C.L.R. James) to an add-on to the electoral system. Such a retreat is certainly not warranted by the theoretical considerations discussed in the first part of the article. The claim that sortition can be expected to produce good government can be put on a much more solid theoretical foundation than the faulty intuitive argument provides. An alternative argument works by employing the properties of sampling in order to extend self-representation of the decision-making group into representation of the entire population. It goes as follows:

  1. A small group of people, under reasonably favorable conditions, is able to represent its own interests. This claim is not directly associated with sortition, but is rather a claim about the political dynamics of small groups of people in general. The claim is that when a small group of people, meeting on an a-priori egalitarian basis, has the opportunity to make collective decisions that would promote the interests of the members as they perceive them, then it will tend to do so. This is a situation which most people would be familiar with – group decision making in the family, within a group of friends or with colleagues. “A small group” is taken to be a group in which all-to-all communication is possible. The upper size limit of such a group would depend on the circumstances, but even under the most favorable circumstances a few hundred people seems like the most that would fit the description.
  2. Policy that promotes the interests of a small group of people which are selected as a sample of a larger group will tend to promote the interests of the larger group as well. Since the interests of a group selected as a sample of a larger group are typical of those of the entire group, policy that promotes the interests of the sample would tend to promote the interests of the group. In particular, if a certain policy promotes the interests of a majority of the members of the sample then that policy is likely to promote the interests of a majority in the population. There would be some obvious exceptions to this extension from sample to population. Policy that applies directly to the members of the sample in their role as members – their salaries for example – affects interests for which the sample members are very atypical. In a government by sortition such exceptions would have to be treated separately.

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Two New Publications

I’ve recently published two articles that might prove of interest. First, I wrote a review essay dealing with the Imprint Academic series on Sortition and Public Policy. It’s just appeared in the latest issue of Redescriptions: Yearbook of Political Thought, Conceptual History and Feminist Theory (volume 16, 2012/2013). It’s been in the pipeline for a while, and so regrettably does not cover the latest offerings in the series (such as Conall Boyle’s interesting book on educational lotteries). The issue is at https://jyx.jyu.fi/dspace/handle/123456789/42047

Second, Comparative Education Review just published a symposium on “Fair Access to Higher Education: A Comparative Perspective” (volume 57, no. 3, August 2013). It contains a paper of mine entitled “Access to Higher Education by the Luck of the Draw.” The paper deals with university admissions in general and the Irish case in particular. It’s available on JSTOR at http://www.jstor.org/stable/10.1086/669235, but only if your library/university subscribes.

Sorry to be incommunicado. I’ve been away for much of the summer, and have a very busy term ahead of me, but I hope to rejoin the conversation soon.

‘Klerostocracy’: a new contributor’s ideas

Terry Hulsey is a writer living in Fort Worth, Texas, who has asked me to flag this:

Instituting Meritocracy After the Collapse of Democracy in America

“Democracy in America has failed. The Framers would not have been surprised.

The central idea of the American Experiment is that our several states have united to form a republic of strictly limited federal power, not a democracy. Without understanding this kernel idea, that the founders repudiated democracy and consciously labored to restrain it, there simply no possibility of understanding the meaning of America.

The specific conditional campaign that will bridle democracy, that will restore federalism in Madison’s sense, is one that mobilizes support for the passage of the Twenty-Eighth Amendment (below) to randomize the election of Congressmen and Senators, and indirectly, the President of the United States.”

Read more at http://www.lewrockwell.com/2012/09/terry-hulsey/instituting-meritocracy-after-the-collapse-of-democracy-in-america/

The Eyes of the People: Democracy in an age of spectatorship

Jeffrey Edward Green’s book of the above title (OUP, 2010) is a tightly-argued, highly-readable and courageous attempt to defend the indefensible – a normative theory of passive spectator democracy. The book swims against the current of democratic theory by claiming that all other normative theories (including the deliberative and participatory variants) are doomed and misguided attempts to establish democracy as the voice of the people (vox populi, vox dei). Green is agnostic as to whether this was possible in classical Athens, but it’s entirely impossible in large modern states. However as well as being impossible, it’s undesirable, as most citizens have no settled political views; besides which, electoral democracy, as Dahl famously put it, establishes rule by minorities. So much for the general will.

Green’s alternative is the ‘ocular’ tradition whereby the people don’t speak, they hold a watching brief over the political elite. The theory has its origins in the writings of Max Weber and was developed (and distorted) by Carl Schmidt and Joseph Schumpeter. Unlike with Bernard Manin’s ‘audience democracy’, Green makes no attempt to argue that the current ‘metamorphosis’ of representative government maintains any of the putative virtues of the classical theory of democracy (partial autonomy of representatives, trial by discussion etc), it is simply a way of identifying political charisma (a Weberian sociological term). Green denies that elections are an indirect way for citizens to influence public policy and agrees with Schumpeter that they are simply a way of selecting political leaders, although it is hard to understand Winston Churchill’s 1945 defeat by the decidedly uncharismatic Clement Attlee in any way other than the aggregation of policy preferences.
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Louis offers sortition to the Belgian parliament

A commenter draws attention to a recent speech by Belgian MP Laurent Louis:

According to the description on the YouTube page, Louis is presenting a proposal based on the ideas of Etienne Chouard which is laid out in detail here: http://www.lachambre.be/FLWB/PDF/53/2860/53K2860001.pdf.

An automatic translation of the introduction of the proposal (with my touch-ups) is as follows:

A motion for a resolution on the revision of the electoral system and the establishment of the draw members of the Federal Parliament of the Kingdom of Belgium

Ladies and Gentlemen,

Introduction

The Kingdom of Belgium has gone through its history, a plurality of policies by landscapes from the bipartisan confrontation (1830-1893) to extreme multiparty (1965-present), all with a common point, the election. Belgium claims, like all Western countries which have adopted the same system, to be a representative democracy. Representative democracy is a “system in which elected representatives by the people develop and pass legislation.” This system, highly controversial for many years, does not give the people the opportunity to express itself and to pass laws (as in a direct democracy), but has “the great disadvantage of vesting the decision making power, not in the people themselves as the idea of ​​democracy suggests, but in representatives elected by the people and governments designated indirectly, not to mention even more indirect selection of public agencies and other institutions.”
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Spectator call for nomothetai to decide Britain’s membership of the EU

Sir: Peter Jones (25 May) is right to draw an unfavourable comparison between ancient and modern democracy, but he is focusing on the wrong institution. The Athenian council was merely the secretariat for the general assembly, and the legislation passed by the assembly was often as erratic as modern referenda. After the restoration of democracy in 403 bc, legislation was entrusted to nomothetai — large randomly selected juries that, unlike modern parliamentarians, were obliged to listen to the arguments of well-informed advocates for and against the proposed law before deciding the outcome by secret vote

If David Cameron wants the people do decide. . .

read on: http://www.spectator.co.uk/the-week/letters/8921081/letters-285/

This proposal, written in response to André Sauzeau’s proposal for minimal reforms, was submitted as an article (see below) and originally accepted for publication by the Spectator, but ended up cut down into a short letter. The Spectator website has a comments section, so suggest we use that as an opportunity to kick-start the conversation on sortition there, rather than commenting on this forum.

Full article:

Put the EU on Trial

By Keith Sutherland

The answer to Britain’s EU problem is not a public referendum, it’s an adversarial judicial inquiry in front of a large citizen jury, selected by lot

The success of UKIP in the recent elections has led to unprecedented soul searching within the political class in general and the Conservative Party in particular, with no fewer than three former cabinet ministers arguing that Britain should leave the EU. David Cameron has committed the party to a referendum on EU membership, but the public often just use referenda as an excuse to put two fingers up to the government. There is an urgent need to find a more reliable mechanism to allow the people to make a well-informed decision on what is arguably the most important issue in contemporary politics.
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Sortition for a constitutional assembly

Nikita Malo proposes selecting the members of a constitutional assembly using sortition:

Why constitution, why sortition?

Constitution is central to political systems; it is mainly aimed to define power. Who make the new laws? What powers have citizens? How are chosen deputies? What are their obligations?

We do not know yet what the new constitution will be (even though it could be possible to define a new constitution first, and then to support and empower it), but what is crucial is that a constitution has not to be written by the politicians, or they will write their own rules, and so be able to take advantage of the situation. That is why sortition is supported in this article, as a way to avoid conflicts of interests. On that question, I recommend this video.

The Looking at Democracy contest has opened public

The Looking at Democracy contest has opened public voting until 16 May. I have three 3-minute video entries promoting sortition. Please vote for one.

Towards a Two Legged Democracy

Making Democracy Real – The argument for legislative juries

Making Democracy Reality

Poulin-Litvak: Sortition as a means to fight corruption

A new paper by David Poulin-Litvak has the following abstract:

Electoral democracy is in crisis. The use of sortition in our political systems could be a key to renewing and deepening democracy. But how to do so? And where to start? In this paper, I explore the idea that using sortition to address the problem of corruption could be a first step. Why? For two reasons. First, corruption of elected officials is an internal inconsistency of electoral democracy – it cannot be resolved adequately through electoral institutions. Second, there is also a large consensus on the fact – everybody agrees – that corruption is a problem.

I suggest granting the power to convene an Investigation Commission to a randomly selected citizen body. This body should also nominate the Commission’s head and receive its recommendations. I also discuss the idea of a Citizens’ Court to directly address the problem of corruption of elected officials. This broad jury would judge and sanction corrupted elected officials. Taking Quebec’s ongoing corruption saga as an example, I also try to see how the system would work in reality and, finally, where the system, once put into place, could lead to.