New Paper on Appointment to office by lot in Ancient Athens

“Constitutional choice in ancient Athens: The rationality of selection to office by lot” by George Tridimas (University of Ulster) is forthcoming in Constitutional Political Economy.

Abstract:

Contrary to modern democracies ancient Athens appointed large numbers of government officers by lot. After describing the Athenian arrangements, the paper reviews the literature on the choice between election and lot focusing on representativeness of the population, distributive justice, minimization of conflicts, quality of appointees and administrative economy. It then examines why in drawing up the constitution a self-interested citizen may give up voting for government officials and appoint them by lot. It is shown that appointment by lot is preferred when the effort required to choose candidates is less than the benefit expected from their actions as government officials. It is also found that, given the choice, office motivated candidates may unanimously agree to selection by lot but not to election.

The Luck of the Draw: The Role of Lotteries in Decision Making

I’ve been commissioned to write an ‘in brief’ review of Peter Stone’s new book (OUP, 2011) for Times Higher Education but wanted to bring up a couple of points here that I can’t squeeze into their measly 60-word limit. The book is an attempt at a theoretical clarification of lotteries as an equitable method for the ‘allocation of [scarce] goods’ and ‘assignment of responsibilities’ (both wanted and unwanted) (p.13), Peter’s thesis being that the distinguishing feature of the lottery is its ‘sanitizing effect’ (p.16). This is on account of the essentially arational nature of the lottery – it serves an entirely negative function by shielding the decision process from reasons of any kind (good or bad), therefore protecting it from partiality and corruption.

A lottery is a process capable of generating a set of outcomes, in which the particular outcome to be expected whenever the process occurs is unpredictable given available information (p.20).

Much of the book deals with allocative justice and covers similar ground to Barbara Goodwin’s Justice by Lottery but from a rigorous theoretical perspective that is hard to disagree with (presupposing certain Rawlsian assumptions).
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Karatani on sortition

Kojin Karatani writes in his book, Transcritique (2001, translated by Sabu Kohso, p. 182ff):

There is one crucial thing we can learn from Athenian democracy in this respect. The ancient democracy was established by overthrowing tyranny and equipped itself with a meticulous device for preventing tyranny for reviving. The salient characteristic of Athenian democracy is not a direct participation of everyone in the assembly, as always claimed, but a systematic control of the administrative power. The crux was the system of lottery: to elect public servants by lottery and to surveil the deeds of public servants by means of a group of jurors who are also elected by lottery. […] My point is that the core of the system invented to stop the fixation of power in Athenian Democracy lay not in the election itself, but in the lottery. Lottery functions to introduce contingency into the magnetic power center. The point is to shake up the positions where power tends to be concentrated; entrenchment of power in administrative positions can be avoided by a sudden attack of contingency. It is only the lottery that actualizes the separation of the three powers. If universal suffrage by secret ballot, namely, parliamentary democracy, is the dictatorship of the bourgeoisie, the introduction of a lottery should be deemed the dictatorship of the proletariat.

Disappointingly, Karatani steps away from sortition, without providing a real reason – off-handedly blaming “the people” for not being ready for a radical solution:

Can we choose all representative by lottery in all elections? That is not realistic; the system itself would be too arbitrary to gain the trust of the people.

Instead, he offers a lottery among top vote getters, claiming it will reduce factionalism, and making a vague unexplained promise that such a mechanism will “free the power center from fixation in the long run”:

[W]hat is preferable to us would be to choose the most crucial post by lottery: namely choosing three candidates by secret vote (three in one choice) and then finally electing one by lottery. Because the last and most crucial stage is determined by contingency, factional disputes or conflicts over successors would not make sense.

Democracy – Ancient and Modern

In The Principles of Representative Government (1997), Bernard Manin attempted to explain why Athenian (sortive) democracy was supplanted by election at the time of the birth of modern representative democracy. Many members of this forum have lamented this development and called for a return to classical democracy. In this post I would like to argue that sortition was only ever one element in Athenian democracy and that the other elements, if translated into a modern context, would of necessity be rather like the institutions that we currently bemoan. For analytic convenience I’ll deal with Athenian democratic practice under three categories:

  • One Man One Vote
  • Deliberative Scrutiny
  • Rule and Be Ruled In Turn

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Between Burke and the Anti-Federalists: An Epistemic Argument for Descriptive Representation

New paper by Helene Landemore (Yale) just uploaded to SSRN:

Abstract: This paper proposes an interpretation of representative assemblies that strikes a conceptual middle ground between Burke’s ideal of an assembly of trustees and the Anti-Federalists’ ideal of a mirror image of the people. The normative appeal of this conceptual middle ground is supported by an argument emphasizing the epistemic properties of a descriptive assembly of trustees deliberating about the common good. Building on findings about the importance of cognitive diversity for efficient collective problem-solving, the paper argues that given the nature of political problems, a case can be made for the epistemic superiority of descriptively representative assemblies over less accurately descriptive ones. The paper further defends sortition as the best way to ensure descriptive representation over alternatives such as quotas and gerrymandering.

Keywords: representation, deliberation, cognitive diversity, epistemic democracy, delegates, trustees, Burke, Anti-Federalists

Representing Diversity

I’ve recently stumbled on an interesting paper by Bob Goodin from BJPS 2004 (full text in draft form here):

Abstract: ‘Mirror representation’ or a ‘politics of presence’ presupposes relatively modest levels of diversity among those being represented. If the groups to be represented are too numerous, internally too heterogeneous or too cross-cutting, too many representatives will be required for the assembly to remain a deliberative one where ‘presence’ can have the effects its advocates desire. In those circumstances, what is being represented ought be conceptualized as the ‘sheer fact of diversity’ rather than ‘all the particularities of the diversity among us’. The appropriate response to that is legislative reticence.

Goodin starts the paper by affirming the difference between the Federalist and Anti-federalist perspective at the Philadelphia Convention: the Federalists “thought it unnecessary (as well as unwise) for the legislature to mirror the population at large”, whereas the Anti-federalists thought it desirable but ‘wildly impractical’ in so large a union. Goodin cites Hamilton’s rejoinder to the Anti-federalist argument (Federalist 35, para 9):

It is said to be necessary, that all classes of citizens should have some of their own number in the representative body, in order that their feelings and interests may be the better understood and attended to. But we have seen that this will never happen under any arrangement that leaves the votes of the people free. Where this is the case, the representative body, with too few exceptions to have any influence on the spirit of the government, will be composed of landholders, merchants, and men of the learned professions. But where is the danger that the interests and feelings of the different classes of citizens will not be understood or attended to by these three descriptions of men?

According to Goodin, the reason the Anti-federalists did not pursue their argument vigorously was because the resulting legislature would be so large that it would inhibit deliberation. Nevertheless there was a marked difference in desiderata between the two competing factions.

Goodin’s paper goes on to explore the problem of the size of the legislature based on ‘representing with mirrors’. His starting point is Anne Phillips’s Politics of Presence, which is concerned with the representation of particular ‘disadvantaged groups’ such as women and ethnic minorities: given that the composition of legislatures fails to mirror these groups in the electorate, then their interests will fail to be respected (the implicit assumption being that a legislature composed of white males will adequately reflect the interests of all white males). The emphasis on specific ‘disadvantaged groups’ means that Goodin fails to consider sortition as the solution.

I haven’t got round to reading Politics of Presence yet, but notice that Phillips does consider sortition in the introduction. Is she sympathetic to it or is the problem that sortition is not sufficiently radical to meet the agenda of those seeking to improve the lot of whatever disadvantaged group happens to be the focus of activist interest at any particular time (proletarians, women, ethnic minorities, gays/lesbians etc etc)? Can anyone enlighten us further on this?

Machiavellian Democracy

John P. McCormick’s new book (Machiavellian Democracy, CUP, 2011) is a fascinating attempt to appropriate insights from Machiavelli’s Discourses on Livy (1513-17) in order to moderate some of the worst excesses of modern ‘democracy’ – in particular the Florentine’s advocacy of class-based magistracies to constrain the oppressive ‘humor’ of the grandi (political elite). Machiavelli’s template for this is the institutions of the Roman republic, especially the People’s Tribunes. Roman Tribunes were elected exclusively from plebeian ranks and were charged with popular advocacy; McCormick’s suggestion is that a modern equivalent (for the US) might involve fifty-one tribunes selected by an annual sortition from the whole population (apart from the wealthiest 10% of family households). The powers of the tribunes would be three-fold (p.184):

1.     To veto, by majority vote, one piece of congressional legislation, one executive order and one Supreme Court decision p.a.

2.     To call one annual referendum p.a. which, if ratified, would take on the force of federal statute.

3.     To initiate impeachment proceedings against one federal official from each of three branches of government. McCormick is particularly attracted to the Roman practice of political trials – any citizen could publicly accuse magistrates of malfeasance and this would prompt a hearing in a voting assembly, which could comprise the entire citizenry.

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Pomper: The concept of elections in political theory

In a 1967 paper, “The concept of elections in political theory”, Gerald M. Pomper briefly mentions “election by lot”.

The paper begins with an assertion:

Popular elections are generally assumed to be the crucial element of democratic governments, but the significance of elections is so widely assumed that it is rarely examined. Although studies of voting behavior abound, there are relatively few theoretical or empirical investigations of the effects of voting on the total political system.

This is an overstatement. Schumpeterian theory was well known and widely discussed at least as late as the 1950’s (e.g., Dahl’s A Preface to Democratic Theory) and a part of that theory is an analysis of the function of elections – an analysis that attacks the “classical doctrine of democracy”. Pomper seems to mean that there is little work attempting to defend the “classical doctrine”. His own defense is to a large extent a capitulation. He gives up on the hope of a representative government and is satisfied with the claim that elections “give the voters a means of protection, a method of intervention in politics when their vital interests were being threatened.” Of course, even this modest claim is not obvious and Pomper doesn’t offer a theoretical argument for its plausibility.

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Thomas Henry Huxley: Government: Anarchy or Regimentation

In Government: Anarchy or Regimentation (1890), Thomas Henry Huxley writes (p. 399, footnote 1):

[I]t would not be far from the truth to say that the only form of government which has ever permanently existed is oligarchy. A very strong despot, or a furious multitude, may, for a brief space, work their single or collective will; but the power of an absolute monarch is, as a rule, as much in the hands of a ring of ministers, mistresses, and priests, as that of Demos is, in reality, wielded by a ring of orators and wire-pullers. As Hobbes has pithily put the case, “A democracy in effect is no more than an aristocracy of orators, interrupted sometimes with the temporary monarchy of one orator” (De Corpore Politico, chap. ii. 5). The alternative of dominion does not lie between a sovereign individual and a sovereign multitude, but between an aristacrchy and a demarchy, that is to say, between an aristocratic and a democratic oligarchy. The chief business of the aristarchy is to persuade the king, emperor, or czar, that he wants to go the way they wish him to go; that of the demarchy is to do the like with the mob.

Now Available for Pre-Order on Amazon

Sorry for the shameless self-promotion, but my book will be out in print before you know it…

The Luck of the Draw: The Role of Lotteries in Decision Making

Here’s hoping this blog will find some time to discuss it once it appears :)