Otto-suhr-institute

Prototype

Illustration 9: The prototype as a result of the cross between a hardware operation of drawing and a way to justify and interpret it.

4.3.2 .1The frame finalist

The first prototype of frame was debate focuses on the cases in which the drawing is seen in such a way as finalist, i.e. as a result of the will exterior of a higher power. This frame resumes for example the first logic proposed by Sintomer (2007, 135-139). The reasons for resorting to the prize draw are then based on the explicit will to obtain the opinion of God(s) x). Very often, the drawing employee is natural, that is, it corresponds to the interpretation of a given configuration by the coincidence. The first pro72

" Schemes " for Molino (1987), " logical " policies for Sintomer (2007), " figures anything economically exploitable ≪ for Buchstein (2008), dipped between " values " and " use values " on for Delanoi (2010).

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Chapter 1: a typology of the prize draw

Totype in this frame, the ordeal, concerns the distribution of evils: by immersing the arm of the accused in boiling water and in interpreting the status of the wound three days later, we asked the opinion of God on the guilt. The individual decision making can correspond here to the practice of drawing of Bible verses  reported by Niederer (1987, 336). The collective decision-making could refer to the prototype of the haruspice, allowing to read the will of the Gods in the bowels of animals. It is this type of practice that also relates Aubert (1959, 2)73 and that is found in the framework of the decisions non-policies in the form of tarot  (they let counselor by fortune tellers who interprets the cards). The sortition subject has this frame was debate mainly takes the form of the elected of God(s) who receives a signed or whose destiny is written and is revealed by some random phenomenon, and this, as the drawing either natural or artificiel74. Lastly, concerning lotteries, one can take as a prototype the land of Israel (distributed between the 12 tribes was the result of a printout, Joshua 21.1 -42).

4.3.2.2Mors tua vita mea : The frame of tragic choice

The second frame was debate that we can identify is encountered in the case of " tragic choice ≪, that is to say in which it is matter of life and death, when the distribution will have fatal consequences for certains75. The series of justifications for resort to the prize draw is characterized by a beam comprising the impartiality, the externalities and the procedural equality. In effect when such choices, candidates have the same claims and one must ensure that the distribution not hurt personne76. There is also often in this frame the arguments of heuristic value and of procedural prevention: by using or threatening to use a draw at a tragic choice, it obliges the actors has revise their strategy. That is precisely the case in the first prototype, the one concerning the decisions and that

73Aubert describes as well the hunting practices of the Naskapi of Labrador: " The magical practice consisted of an examination of heating bones of animals over hot coals, usually ... has bone of the kind of animal which the Naskapi are about to hunt. When heated, the bone cracks. It is then fitted into a wooden handle, and ... the cracks of the bone are read so as to give directions for the hunt. ... Tea practice reserves to increase the likelihood of successful hunting under conditions where game is scarce customer servicecheck and where tea animals tends to learn from previous experience with hunters. The Naskapi are, however, quite unaware of the randomness resulting from thesis decisions. They believe that they are seeking, and getting, guidance, from the supernatural. ≪

74See for example the presentation made by Cireze (1995, 99) of the legend of Ulysses.

75Kilner says people (1981, 245) : " In such boxes, a decision must be made as to who may live and who must die. ≪

76For a more detailed analysis of this kind of case, see Katz (1973), Kilner says People (1981) and Mavrodes (1984). 80

4. To prototypes of drawing

The one could designate by the expression of the judgment of Solomon 77. In the framework of a lottery we can identify the prototype of the organ transplant which has widely been discussed in the years 70 and who returns to the problem of the choice of a recipient when the number of applicants far exceeds the number of lots and that the lives of candidates is at stake. A good illustration of this type of argument is located among Rescher (1969, 183) :

" This introduction of the element of chance-in what could be dramatized as a "lottery of life and death" must be justified. The fact is that such a procedure would bring with it three substantiel priviledges. First ... the introduction of the element of chance prevents the results that life-and-death selection are made by the automatic application of an admittedly imperfect selection method. Second, has recourse to chance would doubtless make matters easier for the rejected patient and those who have a specific interest in him. ... The introduction of the element of chance has insured like handling of like boxes over the widest possible area that msfss "reasonable in the circumstances. Third (and peut least), notamment has recourse to random selection does much to relieve the administrators of tea selection system of the awesome burden of ultimate and absolute responsibility. Thesis three considerations would seem to build up a substantial case for introducing the element of chance into the mechanism for Exotic Medical Lifesaving Therapy selection. ≪

Finally, equally as tragic is looming in the framework of the drawings elective non-political the prototype of the short straw made famous by the popular nursery rhyme that is-a-say that of the choice of a person has sacrifice on a raft has the drift and which are also found in proven cases of shipwrecks that in countless historical references and culturelles78.

4.3.2 .3The rationalist frame

This combination of arguments has been mainly put forward by Neurath and Elster. It is based on the central idea of the existence of a rationality of second order that it would be possible to achieve through the draw. The justifications advanced focus in addition on the impartiality, the externalities and the economy. The prototype the more clear of this frame concerning the lots is the figure of the stack or face. There is located the face has a series of lots non-vital or candidates who are judged equivalent and a recourse to the draw to lift this situation of indeterminacy (Elster 1989). Found this prototype in the framework of individual decisions. In the framework of social decisions, it was rather a do has a remedy in last ins77It

Resumes the expression " Solomonic judgment " given in this kind of situations by Elster (1989), particularly concerning the decision of the custody of children who has a tragic character even if it is not a question of life or death of the child. Duxbury (1999) speaks of decisions " in the shadow of a lottery " on.

78The case of sinking the most discussed is that of Holmes vs United States (1842). For a reference more old but which has occupied many commentators such as Thomas Aquinas or Gataker, see the opinion of Augustine on the drawing of lots in the case of persecution (the example is cited in Elster 1987, 118). 81

Chapter 1: a typology of the prize draw

Importance because the other decision procedures were not successful and that we find ourselves faced has a blocking decision making. We can talk about the prototype of the Swedish parliament  in reference to the latter which took several decisions by drawing due to a perfect equality between two political parties (cf. note 69, p. 76). Concerning the sortition, the prototype is rather that of the tie-breaker, very widely used in politics in ultimate instance, during an equality of votes for example, and this, whatever the type of workstation (Buchstein 2009a).

4.3.2 .4The utilitarian frame

The frame utilitarian prolongs the rationalist frame while having a focal length more important on the issue of the economy. In summary: " Allocation by lot will commend itself to the utilitarian if and only if the costs of allocation by a more conventional mechanism exceeds its utility-seeking advantages, resulting in a lower social utility net of allowances costs than the expected yield of a lottery " (Kornhauser & Sager 1988, 484-485). Often this economy is coupled has other justifications considered secondary but necessary as the procedural equality or neutrality. In the field of lotteries, the US's green card  seems to constitute a satisfactory prototype. The administration of migration wants in this case recruit a number of workers by ensuring a procedural justice but without wishing to employ means judges too substantial and unnecessary (for the purpose) in order to differentiate the candidates. The case of elective prints seems to be able to be summed up under the prototype previously mentioned of the stack or face when the issue at stake is lesser, i.e. in the drawings of all days: the cost of the decision is then low and a solution is quickly found. In the area of the sortition, two prototypes from theoretical propositions could be mobilized: the Wählerspezialisierung of Horn (1980) and the modest proposal for election reform of Abrams & Settle. In the first case, it is a question of forming small groups to vote the laws in order to save the cost of national referenda (legislative post) and in the second to choose a representative pool of constituents responsible to vote to ensure that the electoral process is faster and less expensive (elected office). Finally, if the justification " representativeness " is included in the frame, we can raise the survey  to the rank of prototype of utilitarian uses the draw, in the sense that it is more economical but equally effective to work on a representative sample that of questioning the whole population (Delannoi 2010). 82

4. To prototypes of drawing

In a perspective totally utilitarian and highly controversial we can also think of the prototype of the survival lottery in the framework of loteries79.

4.3.2 .5The democratic frame

In a optical profoundly different and far from the utilitarian theories, is located a series of three frames that are interested in the political system as a whole. The first can be described as democratic and relies on a system of justification center on the idea of equality in its components procedural and substantial. It is also call has the idea of rotation and inclusion80. This frame is mainly present during the sortition and the classical Athens seems from this point of view present the major prototype and this all the more if to remember the characteristics of the physical operations in game then (rotation, no accumulation of mandates, pool of sorteables very wide). Thus, with regard to the posts and deliberative legislative one could talk about the ball (in a modern version we could talk of Citizen Legislature has the Callenbach & Phillips 1985), concerning the executive posts of judges  ; the dicastes would thus the prototype of posts judiciaires81. For the drawings elective posts of non-political, the democratic frame returns the joblottery proposed by Goodwin (2005). In the framework of lotteries, the prototype is the one of the conscription  when it is an evil. All citizens are equal before the rights and duties imposed on them by their membership in the body politic. And we can move forward the image of the inheritance when the batch is a well: all children should receive an equal share of the inheritance.

4.3.2 .6The republican frame

The frame republican - in its direction of res publica - is based just as the democratic frame on the idea of equality and of rotation, but it emphasizes especially in before the justifications of impartiality, externalities, of neutrality and unpredictability. It is to protect the public thing against the factions. This frame can shimmer in shades rather aristocratic when equality is seen as the property of a few and not to all. We found this frame of prototypical manner in the sortition of the republics Florentine and Venetian.

79See chapter 2, 4.1 , p. 105.

80Is found here the third logic of Sintomer (2007) or the second combination of Delannoi (2010).

81On the trackball as a prototype of democratic institution end of the drawing, cf. Manin (1997).

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Chapter 1: a typology of the prize draw

The florentine drawing allowed to keep the political balance fragile of the cite82. In a judicial framework can we talk of the jury as a prototype: a random selection of individuals which ensures impartiality but in which there are citizens with a minimum of competence83. Concerning the sortition elective, the lottery voting of Amar is adapted: it begins with a vote based on the electoral competition before proceed to draw. Concerning the lotteries, the republican frame could also apply to the lottery school, that is to say the distribution of places of education by drawing if the latter includes a weighting through a review on criteria of academic competence.

4.3.2 .7The frame " aleatorienne "

This frame was debate is based mainly on the idea of justice, representativeness and inclusion. It is also call has justifications as the externalities and impartiality. The drawing is seen as an instrument of first resort, a necessary condition and is differentiated in this of the previous frames which consider the draw tool as " lack of better ". She also has the particularity to be deductive, i.e. not from existing examples as the other frames but to build on the contrary its elevator pitch from the theory: its proponents offer them-even prototypes of what could be the tools based on the printout. We will detail the foundations and the arguments of the frame aleatorienne in chapter 3 and the prototypes that accrue in the chapters 2, 3 and 4. We can however, already deliver a succinct overview. Regarding the lotteries, an example in which the frame aleatorienne is preponderant is the school lottery (Boyle 2010): all citizens should have a chance to access the best possible education regardless of their original environment (chapter 4, 1.1.1 , p. 182). Concerning the sortition for statutory items, it is the citizens assembly (chapter 3, 4.3.5 , p. 112). The mini-public seems the prototypical example of distribution of advisory positions based on reasons aleatoriennes (chapter 3, point 4.3.4 , p. 111 et seq. and chapter 4, 4.3.5 , p. 112 et seq. ). The judicial positions refer to the deliberative lottery (Bunting 2006, chapter 2, 4.3.1 , p. 109) and the executive posts has the anti-council (Schnapp & Vi82Dowlen

(2008A, 94) : " The aim was not to produce random individuals, goal to obtain an unpredictable mix such as would keep all parties interested in maintaining the system. ≪

83This vision of the jury is partly outdated in the facts, but the prototype seems however take. And this all the more if one is interested in the hardware operation which is often a procedural block with an examination not only ex ante but also ex post .

84

4. To prototypes of drawing

DAL-Naquet 1969, chapter 2, 4.3.3 , p. 110). The drawings elective policies could be illustrated by the proposal of riding random (Rehfeld 2005, chapter 2, 4.3.2 , p. 110) and the elective posts non-political as has them are at best described by the joblottery (Goodwin 2005, chapter 2, 4.1 , p. 105). We also find in this frame a prototype for collective decision by draw, the probability voting, presented by Frey (1969; 2010, chapter 2, 4.2 p. 107). In an extreme version, this frame could refer to the prototype of the lottery in Babylon, portrayed in the work of Borges (1944) ; a world in which the company is based on a regular rotation of the whole of social positions, of the king to the prisoner. 85

Illustration 10: The procedure of choice as the result of a hardware operation and of an intellectual operation.

Hardware Operation:

The types of drawing

Intellectual Operation: The frames anything economically exploitable

Rather finalist

Rather non-finalist (deterministic or not)

Tragic Choice

Rationalist

Utilitarian

Democratic

Republican

Aleatorienne

Natural Draft - Cleromancie

Draw non-policy

The tarot

?

Draw policy

Lottery

Property

?

?

Headache

Ordeal

Draw

Advisory

Individual

Biblical Verse

Collective

Haruspice

Sortition and drawing elective

Elected

Draw artificial - Cleros

Drawing not policy

Lots and Decisions

?

Games and scientific prints

Posts

The Elected

Short straw

?

?

Joblottery

?

Joblottery

Draw policy

Lotteries

Property

Land of Israel

Organ Transplant

Stack or face

Green card

Inheritance

School Lottery

School Lottery

Headache

Survival Lottery

Conscription

?

Organ Transplant

Draw

Advisory

Individual

?

Judgment of Solomon

Stack or face

Stack or face

?

?

?

Collective

Swedish Parliament

Poll

?

?

Probability voting

Sortition

And drawing elective

Legislative /

Constitutional

The Elected

?

Tie-Breaker

Wahlerspezialisierung

Trackball

Florentine Drawing

Citizen Assembly

Executive

?

Magistrates

Doge

Anti-council

Judicial

?

Dicastes

Jury

Deliberative Lottery

Advisory

?

Trackball

Florentine Drawing

Mini-public

Elective Post

Pool of voters

?

Lottery Voting

Random Riding

Illustration 11: Summary of prototypes. The question marks correspond to the crossovers either unlikely either for which it has not yet found a prototype.

Chapter 1: a typology of the prize draw

5. Conclusions

The whole of the discussions conducted throughout this chapter has allowed us to better grasp the complexity which is hidden behind the intuitive simplicity of the drawing. Four points appear essential. First, the drawing (cleros and cleromancie) is a procedure of choice whose specificity is to be based on a moment of indeterminacy irreducible - the random moment - on the contrary of its rivals that allocative efficiency are the vote, the market and the examination. Secondly, this time - the palos - is framed by a series of technical measures prior and subsequent to control the degree of random. Thirdly, the drawing is inseparable from its discursive context (reasons for and against) and of the reception that are the actors (how they interpret the principle random). Fourthly, the drawing is in practice included in a procedural block, a logical articulation of procedures (for example a review followed by a draw or a market and then a draw). It follows from these four elements that the draw was not of intrinsic nature. It has been seen that its specificity, the indeterminacy, may be severely limited or challenged. Thus, there is no indeterminacy for a person who believes that the result of the drawing corresponds to the divine will. In the same way, at a draw weighted in a pool very restricted to sorteables or one of the candidates receives 90% of chances of winning, the random is located he reduced to the minimum. The cleros may therefore bear all the characteristics that he ready, or no depending on the manner in which the procedural block comprising the draw is built.

Based on this flexible design, it has been possible to formulate - in referring to the typologies already existing - a series of frames anything economically exploitable and of categories of hardware operations concerning the draw. The crossing of the two dimensions has enabled us to propose a typology based on the idea that there are prototypes of draw, i.e. combinations of intuitive frames anything economically exploitable and hardware operations. This work of exploratory nature was the establishment of a framework for comprehensive analysis of the problematic of the prize draw in politics. This markup will now allow to be of particular concern was a series of authors who have designed and proposed the use of patterns to draw in politics since a quarantine of years.

88

Chapter 2: Prize Draw and political philosophy, a study scientometrics

In the same way as the draw in policy has been widely used and repeatedly reinvented, it has regularly been proposed as a solution to one or the other problem encountered in politics. It is located as well - if we resumed the schema of the first chapter - in the presence of proposals of hardware operations coupled has frames anything economically exploitable. It is has the identification, classification and a quantitative analysis of these proposals that the present chapter is dedicated. It is organized to do this along four stages, the first is the delineation and characterization of the corpus of texts in which the draw is studied, whether it is employment policies or not (1). This presentation allows you to be interested then in detail the texts describing the schemes of draw (2) or the analysing of exploratory manner (3) and those in which are formulated concrete proposals for introduction of political processes based on a cleros (4). An analysis scientometrics of the whole corpus (5) allows finally to raise the question of its coherence around the hypothesis of the emergence of a new current within the philosophy politique1. The entire work is based on a quantitative approach, supplemented in chapter 3 by a qualitative analysis.

1This chapter is published partially in Delannoi & Dowlen (2010). In addition, due to the nature of the research, the bibliographic references are given in chronological order and non-alphabetical.

Chapter 2: Prize Draw and political philosophy, a study scientometrics

1. Methodology

1.1Delimitation of the corpus

The corpus of texts taken into account in the work aims to include all the writings dealing with the prize draw by taking into account four limits. The first is of a linguistic nature and research has the se limit has five languages: English, French, German, Spanish and Italian. Some texts are translations which have enabled as well to include references not available d2" Panel. The second limit is of a thematic nature since the texts in which the drawing is only mentioned that superficially have summers left out. This limitation applies mainly for the writings dealing with the concept of chance and statistics or many of the drawings in the context of the games. However, some references have been retained because they are needed as references for other auteurs3. The third limit is chronological: the texts concerning the draw in politics have indeed been published since the remotest antiquity and up to the time of writing, making an exhaustive work impossible. That is why the window of quotation (Havemann 2009, 21) has been reduced to the period 1945-2010, a choice based on the finding ex post that the vast majority of writings have summers published since a quarantine of year. The texts of the pre-war included in the study are those who have remained as references in the subsequent legislation, i.e. which have had a significance beyond their time. For 2010, the deadline is a juillet4. The fourth criterion of classification of texts has taken the form of a division of references between a database and a corpus. The first is more widely defined and includes texts of gray literature and/or non-published, of references to translations, reprints of books or reissues of articles as well as the earlier references has 1945. The corpus in contrast includes only the first publication of the texts of after-war in their original language. Thus, whereas the database includes three texts of Goodwin

2For example the texts in latin of Bruni, translated into English.

3See for example Bennett (1998).

4Between April 2010 and the finalization of the manuscript it has identified a dozen additional texts including six font proposals for introduction of the draw in politics. These texts are embedded in the presentation (Paragraphs 2 to 4) but they could not be included in the calculations of the analysis scientometrics. It is of Harcourt (2007), Peonidis (2009), Delannoi & Dowlen (2010), Boyle (2010), Saunders (2010), Buchstein (2010), Sintomer (2010), Zakaras (2010), Dryzek & al. (2011), Pluchino & al. (2011).

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1. Methodology

(1984 ; 1992 ; 2005), the corpus there are only two, the rerelease of the book Justice by Lottery of 2005 not falling into consideration. Same for the first text of Crosby which dates back to 1976 but in the form of a manuscript whose first official publication date of 1986. It is therefore this last date which is retained in the corpus. Taking into account the whole of these limits is to obtain a corpus of 205 texts within a database that account 318 references5.

1.2Thematic distribution of texts

The underlying trend that seems to be emerging is that of a division between four types of texts. In the first case, the author focuses on the description of a specific use of the drawing which can be past, present or imagined. Thus Gudian (1971) book is there a detailed study of the operation of the distribution of lands when of legacies in antiquity and Catani (1987) undertakes he the same study in the framework of the Italy of the contemporary south. These studies are of history type and/or ethnological. There is also in this category the literary descriptions of uses imaginary as the famous " solar lottery " of Dick (1955). Often, however, the authors do not simply describe the process but add a level interpretive and analytical has their descriptive study. They compare different uses, weigh the for and against of the procedure, have the theoretical characteristics. They explore the area of the drawing in itself, that is why they will receive here the name of exploratory texts. Some authors are a further step as they propose to (re)introduce schemes to draw in the political systems and contemporary design of the corresponding tools. This proactive attitude could be described as a partisan in the direction or the authors defend and support the establishment of instruments based on the tirage6. In the same optical partisan but with other means, a series of authors have done militants of the prize draw. They often adopt a satirical view of the policy prior to propose the drawing as cure miracle7. These texts have a place questionable in a work of census because they tend to lack of analytical depth. However, they play an important role

5See the synthetic table, infra p. 95. The complete list of references is available and downloadable at the following address: http://www.zotero.org/groups/sortition/items (visit the August 28 2011).

6Elster (1987, 136) proposes this distinction in employing the word advocative that will result here by the term supporter: " Even today the proposal of random selection of candidates is often discussed, and sometimes advocated. ≪

7The activists are also the people who are creating the circles of thoughts, movements " clerocrates " or " stochocrates ≪. For more details, see chapter 6, 4.1.3 , p. 351.

93

Chapter 2: Prize Draw and political philosophy, a study scientometrics

Because they show that the idea is disseminated and that it exceeds the circles intellectuals and scholars. That is why some of them are contained in the corpus of study, particularly those who are taxed as references among the other sponsors of the corpus8. The others are present in the database. This splitting into three groups of texts can be crossed with the distinction made in the previous chapter between the different types of hardware operations to draw. In effect, the writings are often concentrated on one type of drawing, sortition and posts, lottery or decision-making.

1.3Analysis scientometrics of the corpus

The corpus and the database and put in place have been subject to an analysis scientometrics whose it should be quickly present the conduct and the interest. However it should be noted that some additional restrictions have been made to the number of texts from the corpus. He has in effect seems to be relevant to collect certain publications and to integrate some additional. As well, the book of Peter Dienel, Die Planungszelle, has experienced five editions cited indifferently by the authors post and has therefore received only one entry during the study scientometrics. Conversely, the book A Theory of Justice Rawls, cited by numerous publications, has been integrated well that it deals only little of the matter of the draw. The same logic has pushed a integrate certain texts of pre-war included in the database. Once these patches applied, the matrix scientometrics includes 318 texts in the database and 254 of the corpus (cf. illustration 12, p. 95).

8This is the case of Burnheim (1985) or of Callenbach & Phillips (1985).

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1. Methodology