Otto-suhr-institute

3. A new democratic era

The table particularly black of faults of political systems contemporary compiled by the authors of the corpus is however for them no way an inevitability. It is in fact the way the more on to present what seems to them constitute the most viable alternative has such a situation: the introduction of the prize draw by politique74. All of the texts of the corpus is in reality a collection of expectations expressed toward this method of selection which constitute the " new normativity of draw ≪ (Buchstein 2009a). What would happen, they ask the authors, if we employed more widely the draw in policy? Their response is structured around five thematic blocks: the draw would result in a new form of representation (3.1 ), a better participation (3.2 ), would lead to a change in the policy (3.3 ) and the company (3.4 ) ; the all well on, without introducing any major faults (3.5 ).

72See in particular Delannoi (2003), Dowlen (2008a) or Manin (1996).

73See Amar (1984, 1286), Buchstein & Hein (2009, 35) or Sintomer (2007).

74Or rather its introduction and/or reintroduction and/or the enlargement of his employment.

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3.1Represented by the drawing

3.1 .1a Stellvertretung more faithful

" The fact that voters are randomly assigned into a constituency for life means that the membership of each electoral constituency remains extremely stable, and always reflects the demographic diversity of the U.S. adult population. ≪ (Rehfeld 2005, 240).

The establishment of assemblies, committees, councils, etc. learned in whole or in part to the fate would allow for the authors of the corpus to reach a representation-availa more faithful of citizens, because of the statistical properties of the draw. In effect, the latter allows, as we have already seen in detail, to obtain a representative sample of the population. And this property is the necessary and sufficient condition for achieving a Stellvertretung faithful, a focused of the nation by miniature75. This expectation is well illustrated by the conclusion that Rehfeld derives from his proposal to assign by lot the citizens has constituencies non-territorial during their birth (cf. highlights)76. Through such a representativeness, the minorities and the disadvantaged social sectors would have a more important place within the institutions in which some authors shall designate as the realization of a " real proportional representation system " (Mueller & al. 1972, 60). Many authors also describe in lengthy paragraphs the hypothetical representative assembly in terms more lyrical which can detail an example:

" A Representative House would be them astonishingly tremendous different from its predecessors. Upon entering the House chamber you would EDC at work a body whose members included more than 50% women and some 12% blacks, 6% Hispanics, and 1% persons of other races. Because of their dress and manner, your overwhelming impression would be of middle- and working-class people. Gone would be notamment arch, gentlemen's -agreement phrases as, "Will the honorable member yield?" In their place would be the direct, homely idioms of the American people. "The learned member from Nebraska msfss to have forgotten the morning's testimony" would give way to "What's the matter, you asleep this morning?" ... There would also be several dozen managers and administrators dressed in upper-middle-class style. Purpose no air of privilege would prevail here. Looking around at the faces, you would see hundreds of ordinary working people, the "average Americans" who mainly make up this country. You would not, most years, find more than one or two lawyers, and most of the members would have quite modest incomes. Less than 5% of the members would be as rich as the average present Congress member. ≪ (Callenbach & Phillips 1985, 14).

75 The proponents of the printout does not agree however not on the concrete modalities of the draw (cf. infra, p. 174).

76Amar (1984, transducers 1293) or Mueller & al. (1972, 60) : " The incentive for pork barrel activities in order to secure votes would no longer be present since random selection would be independent of geographic basis, and for the same reason minorities would be represented in correct proportion to their numbers in the society. ≪

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With regard to the symbolic representation, it should for the authors of the corpus also improve, as the reported Emery (1976a, 202) in its proposal to draw lots advice in the industry: " The Council will be more likely to be seen by Parliament and people as being their own selves'. Their advice may be judged to be erratic, ill informed etc. , purpose there will be less of the suspicion that hidden hands have drafted the advice. " On For most of the authors, a symbolic identification would be easier to attain by the very fact of the likeness between constituents and representatives but also because the representatives would be of figures more copies that the representatives actuels77.

3.1 .2a new form of Repräsentation

3.1.2 .1The decentration of the representative mandate

It has been seen that the authors of the corpus criticize the idea of liberal representation through the election but does not call into question the principle of representation. What form would then this new representation-delegation by the draw? What should we expect from these new " sorpresentants ≪78 ? The hopes of the authors in this field may apprehend in many aspects but on the basis of a common principle, the decentration of the mandate which would save " representation from pesticidal, by "permitting some citizens to act on behalf of others (thus dealing with the problems of scale) while making their service has function of batch (thus preserving the democratic nature of public service) " on79. The draw net cut off not only the link between election (in the direction of choice) and authorization to represent but also the one between election and legitimacy. This principle is available under the following aspects: the draw would lead a defense more faithful of the interests of the constituents for mathematical reasons, psychological and political. It would also result in the birth of a new and better form of accountability.

77Emery (1976b, 201) : " They could command the respect of Australian Parliament and the people because of their collective experience, knowledge and representation of the major interests directly involved in the industry and they could command the trust of des Parlements and the people because they were leaves out villain-proof. ≪

78The expression is resumption of Goodwin (2005) and its " lotreps ≪.

79Barber (1984, 290). See also Amar (1984, 1286).

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3.1.2 .2a mathematical defense of interests

A whole series of authors simply prolong the statistical approach of the representation-figuration and consider that the likelihood that representatives learned the fate act on behalf of all the represented is stronger than that of elected representatives through a representativeness " automatic and inevitable " on80. We could have in some way a acting for statistics, by the set of probabilities: the set of representatives acts for the whole of the people, even if everyone is for him-meme81. There would be no more room for positions centrist tendency, but a body being the living reflection of diverging interests present in the societe82. To paraphrase the provocation of Tillier: those who make the law the font for them, but as all are represented, they the font for tous83.

3.1.2 .3a defense of interests by the game of reciprocity reflexive

A large part of the authors considers that the drawing would lead to a psychological transformation of the activity of representative with the advent of the principle of " reciprocity " reflexive - also called altruism selfish - based on the adage that jettisoned the " submit to what you choose and only choose what you would Madagascar makes freely submit tb " (Goodwin 2005, 114). Representatives learned the fate would have a chance almost zero re-election and once their mandate ends, they selves once normal subjects of law. This perspective the yelling has take decisions such that they cannot hurt them subsequently. This mechanism has selfish view first be transformed into altruistic principle in fine : The citizens would have permanently has the spirit that they could them-even to find a day in the situation the less comfortable (or go back if they were there already) and would act in such a way that the latter is the least perceptible as possible. We would have to each decision a sort

80Callenbach & Phillips (1985, 15). See also Engelstad (1989, 29) : " Aim in year assembly of between 400 and 700 members, the deviations from a suitable interpretation of "popular will" furthered by elections will probably be much more important than those created by the chance mechanism. ≪

81Note here that this expectation may have a connotation very individualistic since it does request itself not that the representatives are in a process of discussion.

82See also Burnheim (1985, 114) : " If the group making a decision is statistically representative of the group on whose behalf it is made then it is very likely that the decision will be in agreement with the result of some reasonable decision procedure for that group. The statistical selection procedure controls the distribution of the interests represented and so controls the decisions that are likely to emerge by rational negotiations among those representative. Granted a sound statistical procedure the people automatically control the broad outlines of the result simply by being what they are. ≪

83The original is cited in Rosanvallon (2008, 55): " Those who make the law, the font for them. " On It is particularly interesting to note that this note was at the time (1841) advanced to defend the extension of suffrage, and was part of a criticism of the non-representativeness of the parliament.

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A repetition of the situation rawlsienne distribution behind the veil of ignorance. A logic that strong contrast with the current of the elected representatives and professionals of the policy, or that they are taking advantage of immunities, either because they are rarely the most disadvantaged or most affected by the policies toward the more defavorises84.

3.1.2 .4The reconvergence of political interests

The decentration of the mandate would also result in the disappearance of the vote elected as monopolistic instrument of recruitment of representatives which sharply limit, for the authors of the corpus, the adverse effects of the professionalization of the policy which the most important is the divergence of interests between representatives and representes85. If there is no more of election, there is no longer need for financing or promises, more competition for the votes of electors or of struggle for the re-election. Because of this, the representatives would be in initial position of independence complete86, significantly reducing the opportunities for corruption ex ante and would make the work of pressure groups more dangerous, costly and uncertain. In addition, as the representatives would no longer systematically pushed has organize themselves within parties and fractions, each new question or proposal would become an opportunity to come to an opinion by yourself without being bound by the Fraktionszwang. Certainly, the factions could form, but would be of nature passagere87. A policy made in the collegiate bodies learned the fate would represent the advent of a democracy built project after project allowing greater flexibility of the political agenda in order to integrate more quickly of the new issues was the order of the day. This expectation is particularly strong with regard to the taking into account of the interests and supranational intergenerational: the draw would break the logic of short-term included in the electoral systems88 and will reverse the trend has the opposition of prin84See

Litvak-Poulin (2009, 19), Martin (1989, 3) or Mulgan (1984, 555).

85Cf. Delannoi (2003, 8), Elster (1987, 143) or Martin (1989, 3).

86Burnheim (1985, 116), Emery (1976a, 202) : " The selected representative know that ... a random selection procedure got them there so they ... are beholden to no one their appointment gold potential re-appointment. They have no boss; no party debt to pay off. He or she may not be the brightest person in the strata aim at least they can participate in the work of the Council without having to follow outside instructions. ≪

87Callenbach & Phillips (1985, 28) : " Members do not seem to be identified so much by party as by interests in specific issues ... gold factions caucuses would probably develop on various ad hoc databases, reflecting as it would the great tides of political perception and priorities of the general populace. Thus a women's caucus, black caucus, yet unemployed caucus might be opportunity play as important a role as the traditional parties. ≪

88See Amar (1984, 1298-1299) or Burnheim (1985, 137) : " They would try to director-generalor not the unreflecting desired of people aim their long-term interests and those of generations to come. ≪

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CIPE, packaged today by the membership or non-has the political majority, in the sense of a spirit more fort of cooperation and not of competition89.

Overall, the texts are particularly enthusiastic about the potential reconvergence of interests between representatives and represented that would result in the employment of the draw. They do not want and do not expect however not that the representatives are limited to exercise an imperative mandate. They take into account the fact that the participation changed the participants and expect is Burnheim (1985, 114) which the pointed out, that " the decisions that the representative will arrive at will differ from the actual wishes of those they represent because better information and the results of negotiations will make a difference.  However ≪ " this is precisely the difference from one's actual views that a rational person is normally willing to accept in the actions of a delegate. ≪

3.1.2 .5a new form of accountability

Concerning now the issue of accountability, the authors of the corpus begin by recognizing that the latter is not possible under the current form of the re-election but argue that this absence of ex post control  is not in fact a probleme90. The draw would replace advantageously by means of ex ante control  when selecting the sample representatif91. This method would be even " has more subtle): a method of articulating vote preferences on national issues " (Mueller & al. 1972, 60)92. Accountability could also to some authors move of the act elected to the field of decisions and opinions (Burnheim (1985, 137): " Their accountability to a constituency would be entirely a matter of the strength of opinions and informal sanctions; decisions that were outrageous (would not be obeyed by those affected. ≪ Finally, a large part of the authors argued that accountability could be achieved during the term of the representatives of the fact the character closest to the institutions based on the printout: either that these are directly thoughts has the level lo89Callenbach

& Phillips (1985, 49) : " Year elective legislature rewards divisiveness and encouraged competition and corruption. A sortition legislature brings out the cooperative spirit and encouraged socially concerned behavior. ≪

90On the draw procedure as non- accountable, see Amar (1984, 1290) or Greely (1977, 122).

91Callenbach & Phillips (1985, 28) : " Representative House members do not have to be forced by external circumstances to director-generalor constituents because, by the very statistics of their selection, they inevitably do director-generalor their segment of the populace. " In this context, accountability is obsolete.

92The authors add: " We would argue that although the final outcome is not clearcut, notamment has changed in representative procedure could be understood by voters as the formal embodiment of democratic equality in year ex ante rather than ex post sense. ≪

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Cal, either that the authors think of mechanisms requiring the representatives has remain in their constituency during their mandat93.

3.2Participate by the draw

3.2 .1All, and not each94

The hold the more logical and of this fact the least discussed is that the participation of citizens has the policy would increase so mathematique95. Sometimes, the authors pose the question of the prohibition of a second mandate but reject this possibility quickly enough in arguing that the drawing itself would ensure to avoid this type of cumulation. The system " would create a legislature of rotating citizen-legislators instead of a group of lifetime lawmakers. ≪96 It is, therefore, clearly a temporary participation, which gives each a reasonable chance to participate, but cannot ensure that this is the case: all govern together but this is not everyone who is called upon to exercise a load. The use of the draw gives " a chance of having a place for a time in a small group where his or her voice can make a real difference deciding about matters of public importance. ≪97

In relation with this expectation, the supporters of the prize draw are hoping that the use of the drawing on a pool wide will result the selection of inhabitants and not necessarily to citizens in the legal sense, i.e. that of resident foreigners, criminals, non-major policies could in theory be part of representatives. This aspect is seen by the vast majority of authors as a opportunity to broaden the participation of quantitative manner but also well on qualitative by the inclusion of new points of vues98.

93This is for example the case of the assemblies thoughts by Barber (1984, 270) : " Ensuring the accountability of American political officials is generally the responsibility of the press, the media, and the opposition party. Neighborhood assemblies would shift some of this responsibility directly to the citizenry, "permitting individuals to question their representative on a regular basis in their own home territory and according to their own rules of procedure. ≪ See also Buchstein & Hein (2009) and Schmidt (2001).

94Expression resumption of the title of the work of Noelle-Neumann & Petersen (2004) : Gone, nicht jeder - Einfuhrung in die Methoden der Demoskopie.

95Barber (1984, 280): " When the representative to the town meeting are chosen by lot and membership is rotated, over time all will be able to participate. It turns out to be easier in large-scale societies for everyone to have some participation for some of the time. ≪

96Amar (1984, 1298). See also Martin (1995, 38).

97Burnheim (1985, 179).

98Cf. Barber (1984, 227) or Rehfeld (2005).

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3.2 .2The competence citizen and the virtuous circle of empowerment

" It is incontestable that the people often directs very poorly the public affairs ; but the people cannot be altogether of public affairs without that the circle of his ideas do Vienna has spread, and without that we cannot track his spirit out of his regular routine. The rights of the people which is called the government of the company designs a certain view of itself. As it is then a power, the intelligences very enlightened put themselves at the service of the Siena. There is directed constantly has him to do a support, and in seeking to deceive the thousand different ways, it is the informed ... It is neither more virtuous or more pleased may-be, but more enlightened and more active than its predecessors. ≪ (De Tocqueville, democracy in America, Volume I, part 2, Chapter V)

It has been seen that the authors took into account in our study shall endeavor to deconstruct the liberal notion of competence for the replace by a concept more multidimensional and procedural. The latter is based on a vision of active participation that the use of the draw would see fleurir99. The expectations of the authors in this field are divided into four panes. Firstly, the establishment of the draw would translate the idea that there is no " group of people whose capacities entitle them to a position of special gold wide-ranging power in the community. ≪100 On the contrary, in the world aleatorien, the competence of each citizen in his field of choice would be in front and the policy would become an activity of amateurs. In addition, the representatives would remain close to the represented, constitute more than a class a part101. Such a change would have to second critical implication of prime the virtuous circle of empowerment or enabling: it is by participating as citizens would learn to participate. And with the time, would develop a real civil society, careful, political, willing and ready to participate. As the describe Callenbach & Phillips (1985, 48) with zest:

" We might, indeed aggressively, hope for the evolution of a new kind of citizen political figure: members of the new House with the simple eloquence of a Lincoln gold the moral force of year Elizabeth Cady Stanton gold Barbara Jordan - people who would rise brilliantly tb

99Dienel (1971b, 153) for example defined participation as " Eingriff mit Aussicht auf Wirkung ≪. Barber (1984, 133) in fact the basis even of its strong democracy: " In strong democracy, politics is something done by, not tb, citizens. Activity is its chief virtue, and involvement, commitment, obligation, and service - common deliberation, common decision, and common work - are its hallmarks. ≪

100Burnheim (1985, 156). See also Ranciere (2006, 47).

101See Amar (1984, 1298) or Burnheim (1985, 165): " Sincere demarchic bodies would be specialized, it would be much easier for the decision-makers to "do their homework" than it is in present elected bodies, which normally have to face a wide variety of unconnected decisions about most of which they can know almost nothing. ≪ See also Barber (1984, 152) : " Strong democracy is the politics of amateurs, where every man is compelled to encounter every other man without the intermediary of expertise. ≪

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The new opportunities for direct expression of the people's needs and feelings. Many such members of the Representative House would, after their terms of office, continues as forceful defenders of the public good in their home communities, offering new vitality there; some might also decided to run for elective office. The effect would be an enrichment of the country's political life, and a welcome sense of bonding and confidence between the people and current gold past occupants of House seats - in place of the present prevailing hostility and suspicion. ≪102

The drawing, by putting the citizens in concrete position of decision makers and representatives would allow them to acquire technical skills but also more widely political, or even social. The participation would then trigger the process of empowerment. In reality - and this is the third hold - the activation enable individuals to play finally and fully their " role of citizen " (Dienel 1978, 77) through the participation made possible by the drawing, the mass of subjects individualistic and liabilities would transform itself into a community of citizens actifs103. Fourthly, and in an area substantially different, each citizen would get by the use of the draw a probability much more strong to be " the decisive voter ≪ as highlighted Elster (1987, 143)104:

" The problem of the wasted vote is real enough. It would be reduced by lottery voting, which ensures that each vote counts equally, that is, increases by the same amount the likelihood of the candidate's being elected. Under lottery voting, the power of an individual - measured by the probability of casting the decisive vote - is l/n where n is the size of the electorate. Under deterministic majority voting, the power of an individual equals the chance that he or she will be pivotal, that is, that the other votes will be exactly evenly divided between the candidates. Under all plausible circumstances, this probability is much smaller than l/n. ≪

3.3" Politicize society"

3.3 .1Make the power to the people

The use of the draw in politics would have for the authors of the corpus as major consequence and revolutionary to overthrow the balance of power in force in liberal democracies. As the analysis Delannoi (2003, 8) :

" The draw is the cure the more powerful has a democratic pathology recurring: the government on behalf of the people and not by the people. In this sense, the use of the draw

102See Martin (1989, 3-4), Mulgan (1984, 556) or Rehfeld (2005).

103Barber (1984, 154-155) : " Masses make noise, citizens deliberate; masses etiquette, citizens act; masses student’S and intersect, citizens engaged, share, and contribute. At the time when "weights" start deliberating, correspondece, sharing, and contributing, they cease to be masses and become citizens. Only then do they "participate". ≪ See also Sintomer (2007, 139,142 ) on the notion of opinion against factual.

104See also Amar (1984, 1293-1294) or the arguments of Frey (1969, 20) within the framework of the decisions.

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Is a good test of the accession has democracy and real confidence in its presuppositions. Because not only is the undemocratic oligarchies who were wary of him. The test of the draw unmasks the alleged democrats who speak on behalf of the people and are very careful not to leave him the power. Have you seen the revolutionary movements use this procedure in the service of their projects yet proclaimed completely democratic in the broader sense? Certainly not, since their leaders assumed that the people do not know what is good for him, a need to be educated and directed, in his name and almost against his will. ≪

The use of the draw would in fact result in destroying the monopoly exercised by professional politicians and semi-professionals on the politique105. The authors supporters of the printout does not argue however not for a chaotic system but rather to a political view as a prerogative of tous106. That is why we can put forward the idea that they are hoping the draw a movement of depoliticization of the company within the meaning " illichien " on the term. In his book Deschooling Society,Illich (1970) supports the school as an example of monopolistic institution and supports the idea that its cancellation would free education and to make it much more effective. Its analysis is based on the assumption that any institution which tried and arrives has monopolize a field - the army for the war, the hospital for the medicine, the school for education, etc. - closes on itself and blocked innovation. It is only by abolishing these institutions that we can recover the diversity. Such an analysis seems to be able to very well apply to the authors of the corpus and has their vision of the politique107. By re-broadcasting the power outside the institutions and partisan by breaking the monopoly of the vote as elective procedure for recruitment, the draw would give has a growing number of citizens the opportunity to be directly in position of decision without the need for third parties. In all cases, the existence of a political class professional would be deeply challenged, the policy would become the case of all. Such a depoliticization also entail the death of political parties has the former. However, the vast majority of authors, taken from a sudden compassion, consider and hoped that they will even play a role108. Finally, the draw would result in a simplification of the policy in the direction or the laws made by the " normal people " would be written also for

105Goodwin (1984, 201) or Mueller & al. (1972, 66) : " notamment experimentation is essential if democracy is to be given an opportunity to work and democratic power is to be returned to the people. ≪

106See e.g. Barber (1984, 262) : " In other words, they (the strong democratic institutions] should make possible a government of citizens in place of the government of professionals. " See also the argument of Cannac (1983, 13-20) on the struggle against hegemonism or Horn (1980, 15-18).

107On the concept of politicization also see Knag (1998, 204) : " By politicized, I mean simply that considerations of merit and utility as understood by the typical citizen take second place to the desired of political insiders and organized special interests. ≪

108Amar (1984, 1296), Sutherland (2008) or Burnheim (1985, 162).

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" Normal people ". The draw would end the Hermetism of political language actuel109.

3.3 .2The procedure, central source of a new legitimacy

A major problem remains however in the whole conceptual presentation up here. Indeed, the authors of the corpus are attached to show that the legitimacy of establishment (input) and identification of representative systems elective, as well as based on the results and the control (output )are impaired or even know a deep crisis. However propose the replacement of the vote by the drawing creates a vacuum: quid of the legitimacy of the new system? On what bases the base? The printout does not effectively enables not to citizens to give a mandate to their representatives through a legitimacy of authorization. It allows them not to carry out a check output since the re-election does not exist or at least is decoupled from the will of the citizens. In short, the principle of consent of the citizens to be governed, minimum set of representative democracy, is stolen.

The response of the advocates of democracy random is articulated around three arguments. The first, and most fundamental, concerns the reversed procedural: this is not the results that count but the procedure itself: it is no longer ask " what will we choose? " But " how do we will? ≪110 It is located in the presence of a procedural form of legitimacy which is, for the authors, the very essence of democratic politics. The draw would allow according to them - and as was detailed previously - to create the procedures more egalitarian, impartial, fair, representative, etc. who would give their legitimacy to the decisions taken and the entire system by way of consequence111.

A second argument accompanied the first very closely: it is because the current procedures are conjunctural led astray and structurally imperfect that the whole system is in crisis. In a situation if dramatic, replace the vote by the draw would give new foundations has the political society and would help to revive a virtuous circle of legitimization. However, the analysis of the authors of the corpus does not stop the since

109Callenbach & Phillips (1985, 30) or Sutherland (2004).

110Barber (1984, 200). See also Burnheim (1985, 4) or Dienel (1971, 151) : " Vermehrte Beteiligung ist ein Verfahrensproblem. Wir haben few bisher zu wenig um die gezielte Weiterentwicklung bestehender Verfahren gekummert, mit Hilfe derer geordnet year Planungsprozessen partizipiert werden kann. ≪

111Most of the authors are however not illusions and see that the drawing is a procedure, i.e. subject to the possibilities of manipulation (Carson & Martin 1999, 1): " Like election, it needs to be used sensibly., with appropriate controls to ensure best operation.  155 ≪

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The latter argue for most that the new system would also be substantially legitimate by the game of the combination between a representation more faithful (character "really" representative of representatives and that the latter were acting really in the interest of the constituents) and greater participation and better quality. The use of the draw would give in fine a substantial nature has the legitimacy procedurale112.

This argument has at least three implications. First of all, it explains the great attention given in the texts has the exposure and has the justification of procedural models that embody concretely the hopes and expectations vis-a-vis the draw. That is why the controversies and discussions between authors are located mainly on the procedural rules of the prize draw in itself and on the issues of quotas, possibility of refusal, of pool of entry, etc. So many elements which have a direct influence on the legitimacy of the final system. Such a position explains secondly why virtually all authors defend a vision procedural justice113. As the emphasized Goodwin (2005, 43), " random distribution negates the need for equality at a primary level ... and opens it at a secondary level ( ... ). It can therefore be considered as a procedural conception of justice, goal one which ... resets it substantive assumptions and has substantive implications. " On This frame was debate illuminates the position of a large part of the authors on the question of the results and of the effectiveness of a political system: participation in decision making processes in a deliberative framework is at least as important as the results operative, for little that the chance of either participate assuree114.

3.4A new company, without "new man"

3.4 .1of the uselessness of change human nature

A point that unites all of the authors when they deal with the effects that would make the job of the draw in politics is precisely that it does not require to change human nature: " In particular, I shall argue that it does not presuppose that people perform sub112See

Callenbach & Phillips (1985, 54), Litvak-Poulin (2009: 18-20) or Martin (1995, 39).

113Here, there is the explanation of the centrality of Rawls noted in chapter 2 (cf. illustration 24, p. 120).

114Engelstad (1989, 41): " Even if institutions experience a loss of effectiveness because of the sortition mechanism, this may be compensated to the extent that the drawing of lots aux penchants réactionnaires the legitimacy of political participation " on. On this point see also infra, p. 163 et seq.

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Stantially better either morally or intellectually than they do at present. ≪115 It is a fundamental aspect of the theories of the draw in politics, which the markdown deeply many other proposals. This trait may today seem less relevant, but if one goes back into memory that some of the texts have been produced at a time at which a part of the political theories focused yet on the possibility of creating new men and to change the given through revolutionary action, it appears though that is a specificity of authors defending the draw in politique116. In the same vein, the vast majority of authors brag about the simplicity of the draw and put in before it is " the simplest, goal by no means the least potent, tool of strong democracy " (Barber 1984, 293). Its establishment would not require, plead-they, that little bit of organizational efforts and conceptual given the intuitive nature of the draw and its possible understanding directe117. However, they recognize that the psychological change necessary would be immense and would probably birth has a resistance on the part of particular class politique118.

3.4 .2new social institutions

The establishment and development of instruments based on the draw would result promote the emergence of new practices and institutions. The first of them would be quite naturally that of drawing. The authors are fond has imagine the days of elections by drawing as of the great popular festivities during which the names of the happy elected would be made public. The draw could even finish by held the same symbolic role that the elections and become the heart of procedural a deliberative society:

" Just as the apparatus of selection by lot in ancient Athens involved so many citizens, so often, that it msfss tb have galvanized year active citizenry, it is not country would be that selection by lot for deliberative poll could, someday, have the same effect on our own country. ≪ (Fishkin 1995, 174)119

115Burnheim (1985, 13). The author goes on to criticize the Marxist vision of a socialist society emerging spontaneously from the battle of class: " At best it is haphazard, ill-coordinated, often foolish and shortlived. At worst, it is terror manipulated by leaders engaged in power struggles. ≪ See also O'Leary (2006, 113).

116Cf. Dienel (1971a, 151) : " Ob ubrigens auf Wege revolutionarem tatsachlich mehr Teilnahmemoglichkeiten eroffnet werden, das ist nach allen Erfahrungen mit Revolutionen vorab schlecht auszumachen. ≪

117This character simple and intuitive is often placed in contrast with the complexity of forms of vote (majority, proportional, has transferable votes, etc. ). Cf. for example Amar (1984, 1302).

118On the conditions of realization of the theory of democracy random, cf. chapter 6 (3.2 , 345).

119Cf. also Mulgan (1984) or Engelstadt (1989, 42): " The act of drawing lots pesticidal will often be both solemn and exciting. ≪

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A second type of institution that imagine the authors are rather of the educational field. The establishment of body learned the fate would create a demand for training on the part of elected officials but also on the part of the whole of the citizens likely to become representatives and we would see everywhere appear of " mini-universities " and other schools of the democratie120. Finally the draw would give birth has a real economy of the participation and would create a sector entirely new activity economique121.

3.4 .3beyond the tools, a remodelled society

" Real democracy might not beatsmith extraordinaire with elections, goal much more with random selection. ≪ ( Litvak-Poulin 2009, 9).

In a optical still more transversal and broadcasts, some authors do not hesitate to advance that the combination between tools for drawing and their effects would eventually give birth to a more democratic society, based on mutual understanding, deliberation, the freedom and harmony:

" Beyond the specific benefits that demarchy might bring to a society, it might be hoped that it would promote a spirit of tolerance, rationality and uncontentious equality that would greatly enhance the peacefulness, security and openness of social relationships. People would feel free to differ while remaining within a broad consensus about the way decisions were made and power controlled ... Women and minority groups would be drawn easily and rapidly into public life, and the public sources of racism and sexism doesn't would be or undercut rollers. The feeling that the problems facing humankind could be solved would be reinstated. ≪ (Burnheim 1985, 180)122

A company " aleatorienne ≪, " cleriste ≪, " demarchique ≪, etc. , would also strongly linked to the idea of risk and game: " The lottery is based on the idea that surprise and risk are themselves a major part of what people want " (Goodwin 2005, 46). It is therefore here as much a consequence as a premise of the policy based on the printout. But such a form of policy would call necessarily in part to trends players of the people:

" There is also a charming peculiarity of the Representative House that should greatly appeal to the American gambling spirit. Tens of millions of Americans presently wager large sums in casinos, lotteries, legal and illegal track and sports betting, and so on. The Representative House proposed here would offer to 145 people each year tea

120Callenbach & Phillips (1985, 20-21) : " We assumed that the Representative House would establish means to initiate its new members and provide them with training and background information to enable them to carry out their new functions. ... This mini-university of politics should be among the finest educational institutions in the country. ≪

121See in particular Dienel (1978, 199-200).

122The name given by Burnheim has its political system comes from the greek archos, harmony. See also Barber (1984, 148) or Fishkin (1995, 171) : " Most ambitiously, the deliberative poll can be thought of as an actual sample from year one way society - the deliberative and engaged society we do not have. ≪

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Chance to become rich, famous, and important beyond their wildest expectation. ≪ (Callenbach & Phillips 1985, 49)

A little in the same light, many authors put in before a company resulting from the wide use of the draw would allow citizens to play successively many roles, including those of rulers and governed, and would therefore be dynamic and changing. It is also as will be discussed in the next chapter this problematic of social roles which has inspired the inventors such as Dienel or Crosby. A company of the draw would be finally more egalitarian and less hierarchical. That is why we find strong relations with the currents anarchists among the authors as Burnheim, Martin or Wolff, for which the drawing represents a privileged path toward the autonomy.

3.4 .4a common semantic

The whole of the criticisms and expectations expressed by the authors of the corpus is translated to the semantic level by a community of expressions which it is not possible to give the details here but it is interesting to present. The side of the critics found well on in the first place the theme of the crisis, followed closely by the themes of the elective oligarchy, of corruption, and the whole of expressions referring to the political practices of bargaining such as gerrymandering , the porkbarelling, theOchsentour, the Fraktionszwang, etc. By opposition, the semantics of positive time has come focuses on the concept of democracy and justice. Thus, the authors construct expressions to characterize their models, a part of which are variations on the root demos or on the idea of the people and citizens: Demarchy, People's Parliament, Citizen Legislature, Citizens Juries. Sometimes we find the idea of a novelty: the new democracy, the neodemocratie or on the contrary that of a return to the sources: the Republic has the mode of Pericles, the Athenian Option. Finally, in a third logical words find who put forward the topos of the draw: Random angulation, stochocratie, mini-public. A side of these expressions, it is the term of justice which seems to return the most often: justice by lottery ,just power, etc. The authors of the corpus are thus united by a community semantics of references, then even, one must recall here, that they are not necessarily in contact at the time of the writing of their proposals. 159

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3.5A common line face the criticism

We have just seen that the set of authors is found on a line common was debate. Before to look at their differences, it seems particularly important to discuss the way in which they defend themselves face the criticism levelled against their proposals. A line of common defense being in this framework the sign of a proximity was debate strong. As we cannot go into detail of all the criticisms and discussions, they are going to take the three attacks most often mentioned by the authors in order to see their responses. We will leave the question of the jurisdiction of citizen side given that we have already discussed at length and that we discuss it yet.

3.5 .1The draw is it really representative?

The first concerns the question of the possibility to draw an assembly or a college non-representative in the statistical sense. Face has this argument, we note that the quasi-totality of the authors mobilized the statistical sciences and argues that the probability of such an event is not zero, but that not only it is particularly low and that in addition even in such a case, the draw would not be more dangerous that the voting procedure elective which has allowed in the history the access of non-democrats in power through elections123.

3.5 .2representatives non-responsible

The second criticism is the lack ofaccountability of representatives and as the note Burnheim (1985), " demarchic bodies would not be accountable, because they would not be eligible for reappointment. Within the bounds of criminal law they could do what they liked, and suffer no consequences of their actions. This is, peut, the central objection to demarchy. ≪124 The joint response of the authors is based on four ideas. First123cf.

Mueller & al. (1972, 63) : " Under a continuous system of unrestricted random sampling, the probability will approach 100 percent over time that for some draw of the legislature has set of representative which reflect only a small portion of the underlying population will quite dominant the legislature (the American Nazi party, for instance) with the possibility of extremely adverse consequences as a result. Strong constitutional provisions and the use of a second house of Congress could also be used to limit the effects that year unrepresentative, illiberal legislature might have while in office, and we would argue that the frequency of occurrence of such situations under our proposals is likely to be considerably less than what we have historically observed under alternative forms of government. ≪

124See also Mueller & al. (1972, 61) : " We should note that it is true that randomly chosen individuals who are not concerned with re-election to office will have no direct incentive themselves to become informed. Even though absenteeism from legislative functions could be controlled, daydreaming could not be. ≪

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Also, the motivation does not come from the possibility of punishment but rather of the interest for the subject and of the position of power offered to citizens, combined has selfishness altruiste125. Secondly, accountability would be the means of the social pressure and policy surrounding the representatives, as well as as a consequence of their own love and their sense of the honneur126. Thirdly argue the supporters of the drawing, the accountability of liberal is useful only because it is the only tool for the control of citizens on their rulers. In a system of circulation, this pis-go would not necessaire127. Fourthly and a contrario, given the little responsibility of current representatives elected, the chance is small that a house pulled to the fate is even less responsable128.

3.5 .3The domination of experts and bureaucrats

The third major criticism raises the question of the increasing role that would take experts and bureaucrats in such a system. The authors of the corpus consider this point as a real challenge and propose a battery of arrangements. It is first of all to put in before the weight of the advertising and the public opinion in such regimes which would render the attempts to control difficult. In addition, the independence of the representatives from all the layers of society and not only of the elites would effectively counter a alternative agenda has the one of the bureaucrats and experts. A term, the bureaucracy itself would be led disappear under the influence of the participation, of the greater competence of citizens and of the likely decentralization of power. Finally and most importantly, the establishment of internal procedures that ensure the independence of citizens through the deliberation as well as by the establishment of institutions of control would avoid the derives129.

125 See Martin (1995, 38) or Mueller & al. (1972, 57) : " We feel, however, that in case of important, highly publicized decisions, social pressures such as desired to be respected and the like will normalement bas provide rather strong personal incentives for informed choice. ≪

126Burnheim (1985, 168): " Those who make decisions have to give reasons for them. Nobody wants to appear autocratic, eccentric or stupid. Whether this force of public opinion is in fact adequate is largely a matter of how open proceedings are, how independent tea communications media can be and how much people care. " On the issue of control by the population see Raskin (1974, 153-154).

127Barber (1984, 237) : " Liberal democracy makes government accountable, but it does not make women and men powerful. It thrusts latent responsibilities on them while at the same time insisting that they keep a wholly passive watch over their treasured rights. ≪

128Buchstein & Hein (2009, 374).

129For the general arguments, see Burnheim (1985, 164). On the question of advertising and the independence, cf. Aguileo Cancio (2010, 23), Dahl (1987, 204-205) or Sutherland (2008, 207-208). On the disappearance of the bureaucracy Carson & Martin (1999). On the deliberative processes of correction, see infra (p. 162). 161

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