Sortition

Abstract: In the face of widespread dissatisfaction with contemporary democratic practice, there has been a growing interest in theories of deliberative democracy. However theorists have often failed to sufficiently address the question of institutional design. This paper argues that recent experiments with citizens' juries should be of interest to deliberative democrats. The practice of citizens' juries is considered in light of three deliberative democratic criteria: inclusivity, deliberation and citizenship. It is argued that citizens' juries offer important insights into how democratic deliberation could be institutionalized in contemporary political decision-making processes.

Abstract: It is widely accepted that electoral representative democracy is better — along a number of different normative dimensions — than any other alternative lawmaking political arrangement. It is not typically seen as much of a competition: it is also widely accepted that the only legitimate alternative to electoral representative democracy is some form of direct democracy, but direct democracy — we are told — would lead to bad policy. This article makes the case that there is a legitimate alternative system — one that uses lotteries, not elections, to select political officials — that would be better than electoral representative democracy. Part I diagnoses two significant failings of modern-day systems of electoral representative government: the failure of responsiveness and the failure of good governance. The argument offered suggests that these flaws run deep, so that even significant and politically unlikely reforms with respect to campaign finance and election law would make little difference. Although my distillation of the argument is novel, the basic themes will likely be familiar. I anticipate the initial response to the argument may be familiar as well: the Churchillian shrug. Parts II, III, and IV of this article represent the beginning of an effort to move past that response, to think about alternative political systems that might avoid some of the problems with the electoral representative system without introducing new and worse problems. In the second and third parts of the article, I outline an alternative political system, the lottocratic system, and present some of the virtues of such a system. In the fourth part of the article, I consider some possible problems for the system. The overall aims of this article are to raise worries for electoral systems of government, to present the lottocratic system and to defend the view that this system might be a normatively attractive alternative, removing a significant hurdle to taking a non-electoral system of government seriously as a possible improvement to electoral democracy.

Abstract: Introduction Random Selection in Decision Making Direct Democracy Citizen Participation without Random Selection Citizen Participation with Random Selection: The Early Days Citizen Participation with Random Selection: Yesterday, Today, and Tomorrow Sortition Futures Strategies Appendix: Examples of Citizen Participation Bibliography Index

Abstract: PART I: THE LOGIC OF RANDOM SELECTION 1. Why Lotteries? 1. THE SCHOOL BOARD TOSSES A COIN 2. LOTTERIES, LOTTERIES EVERYWHERE 3. ABSURD YET OBVIOUS 4. THE STORY SO FAR 5. THE ARGUMENT TO COME 2. What Do Lotteries Do? 1. WHAT IS A LOTTERY? 2. FUNDAMENTAL FEATURES OF DECISION-MAKING 3. DECISION-MAKING BY LOTTERY 4. THE LOTTERY PRINCIPLE 5. INDETERMINACY WITHOUT LOTTERIES 6. LOTTERIES AND DIVINATION PART II: LOTTERIES AND JUSTICE 3. Allocative Justice 1. THE RELATIONSHIP BETWEEN LOTTERIES AND JUSTICE 2. THE JUST LOTTERY RULE 3. CONSENT, OPPORTUNITIES, EXPECTATIONS 4. Impartiality 1. WHAT DOES ALLOCATIVE JUSTICE REQUIRE? 2. ALLOCATIVE JUSTICE AND OUTCOMES 3. ALLOCATIVE JUSTICE AND ACTIONS 4. IMPARTIALITY AND INDETERMINACY 5. THE RIGHT AND THE GOOD 5. The Implications of Impartiality 1. THE NATURE OF THE IMPARTIALITY PRINCIPLE 2. THEORIES OF JUSTICE 3. ALTERNATIVES TO RANDOM SELECTION PART III: LOTTERIES BEYOND JUSTICE 6. The Idea of Sortition 1. SORTITION IN PRACTICE 2. SORTITION AND JUSTICE 3. INCENTIVE ALIGNMENT 4. DESCRIPTIVE REPRESENTATION 5. RANDOM SELECTION IN OTHER 7. Conclusion BIBLIOGRAPHY