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There was a limit up to present the test of the expectations in the area of the sortition of deliberative posts and seen that there are models of satisfying a large part of the latter. What is it in other frameworks? The practices of sortition or legal executive, lotteries and of making prints do they have comparable benefits? What expectations are fulfilled in these cases? More generally, the conditions of realization of the theory are collected? This question returns has to ask of a side if the printout is a desirable tool and the other if it is seen as such. 339

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3.1A change desirable?

3.1 .1a potential far from exhausted

3.1.1 .1juries, yet

Four books published in the last ten years have analyzed the judicial panels under the angle of the theory of democracy: those of Vidmar & Hans (2001 and 2007), of Abramson (2000) and Gastil & al. (2010). That gives the test of expectations in this framework? In terms of representativeness, juries are judicial has both more satisfactory on the principle and problematic in practice. In fact, the compulsory recruitment torque has a progressive expansion of lists of sorteables creates a higher potential of representativeness formal (Gastil & al. 2010, 71). But this ideal is limited by the procedure for disqualification: the parties can " do their jury " (Abramson 2000, 131-139 ; Vidmar & Hans 2007, 89-105) and the issue of justice is then shifts of the trial itself was that of the selection of jurors. The mathematical representation of interests seems sometimes dominate within the juries through their social composition (and in particular ethnic: African-Americans condemn less often a afro-american and vice versa a jury of caucasians) but which is not yet a factor unique explanatory verdicts (Abramson 2000, xi). The representation of type " altruism selfish " is presented in a part of the juries. With regard to the representation that we had characterized research of the general interest, it can also be found frequently and will sometimes even up to take the form of a protrusion of the clear mandate when juries have recourse to the procedure of nullification, that is to say that they refuse to render a verdict in agreement with the judge's instructions regarding the law; the jury may acquit a defendant convicted on the grounds that the Act on which is based the conviction is unjust (Abramson 2000, XXV). Finally, if the mandate of the jurors is in general limite16, their deliberation has a binding force which can have serious consequences, particularly in countries such as the United States in which the death penalty is in force. It is, moreover, one of the two major weaknesses of the representation in the juries: in the trial involving the death penalty, jurors are more than proportionally inclined has condamner17. The second

16More in all cases than the number of participants has mini-public.

17Vidmar & Hans (2007, 341) or Abramson (2000, 12-13). If you couple this trend to bias of ethnic representation, this may give the explosive situations and resets very widely in question the legitimacy of cer340

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Heavy trend concerned the civil trials in which enterprises are involved and which are more than proportionally decided in favor of the complainants prives18.

The judicial panels do not seem meet all the conditions of the good deliberation. If the changes of opinion and debate took place, the discussion, she, is not necessarily to the appointment: the ringleaders can impose their views on the rest of the group (Abramson 2000, XI), the opportunities for participation are not equal for all, and the hierarchies of decision of speech are presented. In addition, the jurors do not have the opportunity to play an active role during the trial, since they do not have the right to ask questions or take notes, at least in the United States . It remains that the decision-making process is evidence of a quality important deliberative (Gastil & al. 2010, 73-105) and that it increases with the socio-economic diversity of the jurors, quality still increased by the need to render a unanimous verdict (Abramson 2000, 205). In addition, it seems that the jury either in ability to provide competent verdicts: the empirical studies show that the explanatory factor the more fort of a verdict is well the force of the evidence presented and that the professional judges approve the verdicts in their large majorite19. If one is interested in the question of the power to the people, it can be seen that the jury is probably the tool aleatorien the more radical and effective in this sense since its members are taking a decision which has the force of law, it is " the power of the people " (Abramson 2000, 1-3)20. This force is an important basis of the legitimacy of the tool which is double of a legitimacy of establishment based on the draw more widely accepted than in other tools, in part because the instrument is integrated into a broader process and framed by professional judges, particularly in systems such as that of France. For the jurors, the search for the correct decision is a major source of legitimacy (Hans & Vidmar 2001, 340). More generally, the arguments of representativeness and judgment by the peers are perceived as positive by the citizens who support greatly the institution and - if we take the case of the United States - would prefer

Some juries.

18Vidmar & Hans (2003, 341) interpret this trend as the willingness of jurors to restore the balance of power between companies and ordinary citizens.

19Vidmar & Hans (2007, 339-340): " Very significant to us are the research findings that identify the strengths of the evidence presented at the trial as the major determinant of jury verdicts. Civil jury damage awards are strongly correlated with the negligence and degree of injury. Thesis reasonable patterns in jury decisions go a long way to reassuring us that jury, by and large, listen to the judge and decided check boxes on the merits of the evidence rather than the biases and prejudice. Furthermore, in systemic studies spanning five decades, we find that judges agree with jury verdicts in most boxes. ≪

20 It thus plays a role in procedural prevention as defined in Chapter 1: because judges and lawyers know that a case could happen before a jury, they are trying to adjust otherwise (Abramson 2000, 6-8). 341

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For 75% of them be tried by a jury rather than by juges21. The resonance of juries in the public sphere is a last element which tends to show the importance that they occupy in the framework of a justice transparent and democratic. The overall effects of juries are also remarkable. First, in terms of quantitative participation, it is estimated that one third of us nationals are brought has become de jure has a time in their lives (Gastil & al. 2010, 4). Secondly, the participation was a jury is a factor of empowerment,as Gastil & al. (2010) have been the show: the jurors earn not only technical skills during the trial, but also the social skills (Gastil & al. 2010, 129-130). They also remain deeply marked by their experience which changed their behavior: they engage in the political life and tend to participate more systematically to the elections (Gastil & al. 2010, 128). Thirdly juries are the meeting place between the justice professionals and citizens or develops a respect and a mutual understanding and a sense of justice and the common good (Gastil & al. 2010, 10).

3.1.1 .2lotteries in education

For the last ten years, more and more universities and schools employ a draw to distribute the seats they have. These lotteries seem to have an effect of major inclusion (Stone 2008, 267). They limit the perverse effects induced by methods of selection based on a review on geographic criterion (Boyle 2010, items 57-72) or of competence (Boyle 2010, 107-120) described his contributions ) thus minimizing the role of the economic capital, social and cultural life of the upper classes. Concerning the opinion of actors in the presence, the press and the media seem largely hostile has the idea of the drawing and the qualify of unjust and illegitimate (Boyle 2010, 51). The citizens about has them are more moderate. Thus, in the Netherlands, the students who have undergone the draw are not opposed (d'Hofstee 1983), the USA parents prefer sometimes even a lottery because it gives a chance to return to a " good " school (Stasz & Stolk 2007, 9-10). Finally, when we asked the British what is the method of choice the more just to select the children at the entrance of the school among a list of seven or eight possibilities, the drawing is located at the end of grading. On the other hand, if they are asked to compare the drawing with only one other method, then the latter

21Vidmar & Hans (2007, 345).

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Is located has equal or even before (Sutton Trust 2007). Such a result makes emerge a fundamental issue of conditions of achievements of the theory of democracy random, that of the framing it is-a-say of the creation of a discursive space in which the printout may be compares ceteris paribus with other procedures, problematic to which we will return.

3.1 .2Comparative Approaches

It had been pointed out in the first chapter that the drawing is one of the four methods of selection in the side of the market, of the vote and of the examination. The result of the work took us has we concentrate on the printout, and the election and then on the drawing only. The reflection initiated in the first part of this chapter has remained in this framework and the strengths and weaknesses of mini-public have been evaluated for intrinsic manner, without appeal has a comparative approach with other decision-making procedures. This entry comparative inter-procedure (pulling/vote - drawing/review - draw/market) is yet a fundamental pillar of understanding of the emergence of the theory of random democracy but also procedures employing again the draw. That is why, although this is not the objective of this work, it is interesting to present a few succinct elements of a comparative nature. Boyle (2010) mobilized for example a wide series of studies which tend to show that the choice by examination is not more effective in terms of outcome that the choice by draw when it comes to selecting candidates at the entry of a university: the learned the fate are not significantly less efficient than the candidates chosen " on the merits " on22. The same remark applies widely has the comparison between drawing and market: the programs of vouchers , i.e. is the choice of a school based on a market are ineffective in the prediction of academic success. The more general comparison between drawing and market has been made by Kornhauser & Sager (1988) who argue that in a situation of economic inequalities, the draw is more just than the market. Regarding the vote and the draw, we saw in the first part of this chapter that the sorpresentants were in ability to produce results just as competent as the elected representatives. In another registry, it is interesting to ask the question of costs. In effect the patterns based on the drawing are often critical for

22Boyle (2010, 137) : " The interview is in generally the ultimate decide of who has 'merit'. In reality it merely reflects the prejudices, witting gold use Goffmann s terminology i.e. of the interviewer. It is on this basis that a lottery becomes not just acceptable, goal has more just, even a more efficient process than the highly J. relies can be compared with those applicable interviews that are usually the final arbiter of merit. ≪

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Their cost financial and moral, without a real serious evaluation of net costs would be realized. The mini-public are an obvious case of this bad faith. The cost of 25,000 euros per decision (a jury of citizens) seems far too high has many critics. But the cost of operation of the French parliament stood for example has EUR 741 million in 2002 to 122 laws, either 218 times more by " result " on23. The question of the jurisdiction of the judicial selection boards is also done largely without taking into account the judicial procedures without a jury even though the difference between the two procedures is, in terms of results, insignificant (Vidmar & Hans 2007, 151-159).

3.1 .3Balance Sheet

The widening of the perspective book of the concordant indications on the first of the conditions of realization, that of relevance. When the draw is employee, he seemed to be able to have positive effects. Effects which are also present in a comparative dimension. The draw may be more effective, less expensive, more representative, more democratic, less biased than the other procedures of choice and therefore has a political potential. Despite these successes in some areas, the tools aleatoriens do not diffuse. By continuing in a quantitative manner the comparison procedural, we must go to the evidence clearly shows that the tools based on the drawing are insignificant. Only 8% of the trial in the United States include a jury, 99.99 per cent of the universities continue to select candidates on the academic merit, the mini-public are a phenomenon of niche reserve has rich countries, the tie-breaker elective are curiosities and the decision-making prints on serious issues are non-existent. Therefore, even when it is efficient, the printout is not a standard procedure which pushes has be interested in the second part of the conditions of realization, the one concerning the political actors: the draw is it desired? Is it desired? A return on the history of the dissemination of Planungszellen will provide a first lighting.

23Calculation dating back to 2005: cf. Vergne 2005.

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3.2A desired change?

3.2 .1" Tausende von Planungszellen "

" Ich denke year morgen, wenn du Tausende von Planungszellen stattfinden werden und Millionen von Menschen Master Corporal Daran teilnehmen' werden. ≪ Peter Dienel (Vergne 2005, 2).

The analysis of the questionnaires and interviews conducted for the study of diffusion24, as well as from the literature allows you to move forward seven elements explaining why the thousands of Planungszellen whose Peter Dienel revait yet in 2005 have never seen the light of day. The first cause of non-dissemination could reside in the poor quality of the model, what the results of the empirical study contradict. Another explanation is based on the assumption of the procedural competition, i.e. is the fact that other models equivalent but less expensive and/or more efficient will be developed and disseminated. This vision is defensible since, as we have seen, the 1990 have seen the models of participatory democracy multiply. However, it is noted that participatory democracy is not imposed in global terms. It remains a niche and the Planungszelle represents a small share of this small part. A third hypothesis focuses on the inability of the model to emerge from its product image scientific and academic. The figures however, contradict this explanation. In Germany, 24% of projects have been carried out as research projects25 on the whole of the period ; rates which mounted a 50 per cent for the first two decades but which drops to 13% over the period 1992-1998 and has only 5.5 per cent between 1998 and 2011. The explanation would then perhaps be a seek from the side of the political scale: the Planungszelle would not have managed to exceed the local level. In fact, and contrary to what might be expected, the distribution is wider and if 63% of the projects have had a local theme, 11% were from regional level (Land ), 19% national and 8% dealt with global themes / supranational.

Has the reverse of these four assumptions little explanatory, three factors can enlighten the finding of the non-dissemination. First, the model has not been able to convince the decision makers and agents given that the correlation between successful projects and dissemination of the model is

24 Cf. chapter 3, 2.1 , p. 186 and Annex 2.1 , p. 398.

25Three types of projects fall into this category: those financed by a specific fund has research, those made up entirely on a university budget and those supported in part by the trustee recipient of recommendations but declared by the organizers as a research project.

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Extremely low. In Germany, only eight of the forty two agents have launched more than one project and only three of them more than three. Secondly, strong logical networks have been has the implementation. We know from the literature that the networks of stakeholders play a central role in the success of the diffusion of an innovation: the interpersonal contacts between the inventors of the model and the actors academic, political and social form the basis of the process (Rogers 2003). However, in the opinion of the vast majority of the members of the network Planungszelle, Peter Dienel has has the time been the biggest engine of the spread of the model but also one of the major obstacles posed has its dissemination. His missionary attitude of " Saint Paul of the Planungszelle " has sometimes been strongly discredited the tool. In the same way - albeit at a more global level - we note that the structure of the German network, highly integrated, was the most important factor of dissemination but also of non-dissemination. All projects carried out in Germany, with the exception of one, have in effect been conducted by connected persons has one of these institutions, a control that has probably limited the possibilities of making projets26. The network for the promotion of the model therefore seems not to have managed to impose and has win the necessary support. In addition, and this is the third explanatory hypothesis, the dissemination of the Planungszelle if is based on the offer: its supporters have approach the political and administrative leaders to propose their standard model then that there was no request: the model has not received the overwhelming support of the elite preventing a broadcast top-down, nor that of social movements blocking the road has a dissemination bottom-up. In the end, the idea of Planungszellen is increased by the channels side-up and side-down of academic origin. In a 1985 report, conducted with collaborators at the University of Wuppertal, Dienel attempted to analyze the reasons for the failure of the dissemination of its model and concludes that what is lacking are the Anwendungstrukturen : of the same that the automotive industry has been able to largely do accept his innovation that, with the establishment of corresponding infrastructure (paved roads, garages and fuel supply system), the proponents of the Planungszelle must convince the political system that a new infrastructure of participation are necessary (Dienel & Mehlich 1985, 75-90). It is therefore in the social and political environment more broadly that it is appropriate to seek the causes of the non-distribution of the Planungszelle and may-be well also of the whole range of models based on the drawing.

26But clearly ensures the quality of those made, unlike countries such as the United Kingdom.

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3.2 .2Ignorance and rejection: the absence of a society aleatorienne

It was widely had the opportunity to deal with all of the actors who wish the introduction and the reintroduction of the draw in politics, it is time now to see who does not wish this change and for what reasons. The first of them and the most widespread seems to be simply the ignorance. There is, of a few criticisms of the theory of democracy random but the latter are all the more spontaneous reactions has the writings of supporters of the tirage27. In reality, there is no trace of a discussion highly reasoned in the theory. Ignorance also seems at first sight be the attitude more generally widespread in the population. However, there are some groups likely to reject the institution drawing, in the first rank of which are located the political elite who would have much to lose has a widespread use of the instrument and which seems particularly react violently to the proposals in this direction, when they are informes28. The interest groups and economic actors also have good reasons to fear of instruments such as the mini-public on which they have only a reduced oversight and they choose to put in before the legitimacy of the procedure of market, only one has even to reveal the real preferences of citizens-29. It may even happen that the supporters of a greater democratization of democracy are likely to oppose the establishment of institution aleatoriennes30.

However, the rejection is not limited to the elites. The experiences of Aix-la-Chapelle and Poitiers have shown that the participants, despite their rejection of the representative political current, their positive sense vis-a-vis the draw as a method of selection for the mini-public and their judgment on the model itself were not envy of a democracy aleatorienne. They

27Classically the authors very thinly populated a chapter containing the reactions that they have received during the presentation of their text. See for example Callenbach & Phillips (1985, 73-78), Barnett & Carty (2008, 109-123) or (Boyle 2010, 86-94). See also point 3.5 of chapter 3, p. 160 et seq.

28It returns has Sintomer (2007) who has presented an anthology of reactions has the announcement by SéGolã¨ne Royal of its willingness to put in place citizens' juries. Reactions which, from the extreme left to the extreme right, were almost unanimously negative, sometimes violent and was often evidence of ignorance vis-a-vis the model of mini-public which it was question.

29See for illustration the reactions very violent of the packaging industry after the jury on the deposit system that we have studied at the beginning of the chapter. Hendriks (2004, 84-85).

30Carson & Martin (1999, 116) : " It's worth mentioning one additional source of resistance: many prominent figures in social movements and dissenting political groupings. In terms of their own principles, many of these individuals are committed to promoting increased citizen participation. However, they occupy positions in which they have status and power within an organization and peut wider visibility as spokespeople for a cause. To promote random selection might undermine their own status. ≪

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Consider that the policy should remain a profession and that it request the skills and vertus31. More generally, and in incorporating the categories of analysis of the first chapter, the pejorative speed of reception of the coincidence in our societies strongly prevents the dissemination of idee32. Liberal societies have modern fact of merit and of a certain form of rationality their credo, which is taught and internalized since the more early childhood (Carson & Martin 1999, 118). However, as noted in the Elster (1987, 173) based on Thomas (1971), the draw deeply questioned this approach:

" Thomas allegedly infringing that one cause of the decline of magic in the late is the editor of seventeenth century was the anacronym "ability to tolerate ignorance, which has been defined as an essential characteristic of the scientific attitude." (790) It follows that explicit lotteries should be more frequently used, with no attempt to dress them up as an expression of fate or God's will. Purpose Thomas aussi suggests that people in contemporary societies are just as downpour to the recognition of uncertainty, ignorance, and indeterminacy. "The investment programs of modern industrial firms ... require decisions to be taken about future policies at times when it is often impossible to form a rational view of their outcome. It is not surprising that industrialists sometimes worn barely falling within statistical projects to justify what is essentially a leap in the dark." ≪

The central place of the concept of merit as legitimate key and unique of any selection procedure33 and the willingness of reasoning in terms " rational " on without recognizing the contingency of human reason are probably the two most important barriers to the diffusion of the idea of drawing in politique34. The psychological barrier is also semantics: the draw is linked to the ideas of chaos, lottery, game, etc. associations who abduct has the method its credibility. The results of the empirical studies are returning here in head: the liberal society is neither Babylonian nor anarchist.

3.3Balance Sheet

A highlighted the potential of the drawing and the weakness of its dissemination have shown that the conditions of realization of the theory are not all together. If the cleros has of procedural benefits and may be powerful, it is-a-say desirable, it is not force31Inquiry

Posterior, cf. chapter 5, 4.2.3.2 , 298.

32 Cf. chapter 1, 3.2.2 , p. 67 or Goodwin (2005, 55): " However, the association of the lottery principle with gambling and vice, especially in strongly Christian countries, has in general vitiated its reputation and blinded many people to its fairness and usefulness as a versatile instrument of social justice. ≪

33Even though a combination between drawing and merit is everything has done imaginable by the establishment of a procedure topnotch a draw and a review on criterion of merit.

34See also Buchstein (2009, 457) : " Machen wir few aber keine Illusionen: Um der Lottery in modernen Demokratien mehr Raum geben zu konnen, bedarf es eines gesellschaftlichen Mentalitatswechsels bezuglich der Akzeptanz "Zufalligen". ≪

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MENT wants: it is greatly ignored and the reluctance - more or less virulent and aware - are numerous. Then how do you reconcile these two aspects? How do happen the change? And what agenda concerning the theory of drawing in politics does it mean?