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4. The texts containing proposals

As noted previously, this analysis concentrates on the texts of after-war by ignoring the proposals more old, despite their interest certain37. The texts containing proposals represent half of the corpus treaty and come mainly in the form of articles (65.4 % )38, less often in the form of pounds (28.8 %) and even less in the form of chapters of books (5.8 % ). In most cases, a proposal is made for a type of use of the draw, that is-a-say concerning a batch (lottery), a decision (draw advisory) or a workstation (sortition and drawing elective). That is why they will be presented

32 See Elster (1987, 1989). See also the series of articles in the Social Science Review which deals with different specific aspects of the topic: Kornhauser & Sager (1988), Eckhoff (1989), Engelstad (1989) and D'Hofstee (1990). These texts are all taxed as references by the suite.

33See Manin (1996). In reality it seems that a first version of the book of Manin either published in 1992 under the title the la tercera deputies dei moderniza tion. But he was - according to the author - not as comprehensive as the french and english issues of 1996 and 1997. That is why I have decided to skip this first publication in the corpus. On the relationship between election and drawing, see also Delannoi (2003).

34For other exploratory approaches on the draw of the legislative power, see Engelstadt (1989) or Dowlen (2008a).

35See in particular article of Sher (1980) and the more recent studies of Stone (2009a).

36See Snider (2007) or Vergne (2009b).

37See for example the texts of Guicciardini or Bruni or the texts as those of Leroux (1848).

38The articles of Encyclopedia (2,4 %) and newspapers (0.5 %) are in this category.

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In this way. More rarely, proposals are made in several areas, in which case the texts containing the will appear several times.

4.1The lotteries: distribute goods and evils by drawing

The proposals concerning the lots represent 11.2 per cent of the corpus (25.7 per cent of the proposals) and their number has known of large variations during the period under review, mainly due to the emergence of academic discussions on issues of distribution of social goods. We can identify three clusters of texts. Chronologically speaking, the first proposals of after-war have arisen in the context of medical ethics, in order to respond to the problem of the distribution of the goods rare who became an important subject at the same time that were developing the possibilities of organ transplants and treatment of deadly diseases through the technique. The discussion seems to have begun with the proposal made by Rescher (1969, 183) to introduce the scheme next to the distribution of " exotic lifesaving medical therapies (ELT) ≪ :

" The detailed procedure I would propose - not of race as optimal (for reasons we have seen), aim as eminently acceptable - would handset tea scoring procedure just discussed with an element of chance. The resulting selection system would function as follows: First the criteria of inclusion ... would be applied to constitute a first phase selection group - which (we shall suppose) is substantially larger than the number n of persons who can actually be accommodated with ELT. Next the criteria of selection ... are brought to bear through a scoring procedure ( … ). On this basis a second phase selection group is constituted which is only somewhat larger - say by a third or a half - than the critical number n at outcome. If this second phases election group is's periodical homogeneous hast eyes rating by tea scoring procedure - that is, if there are no really major disparities within this group (as would be likely if the initial group was significantly larger than n) - then the final selection is made by random selection " on39.

This proposal has led to many reactions direct40 before you fall into a forgotten certain and then to be widely discussed again from the end of the years 90 in the exploratory texts. Harris (1975) has formulated a proposal much more radical and theoretical ranging from in the same direction, to which he gave the name of Survival Lottery which has launched

39The text of Rescher is mentioned 12 times in the corpus, which makes it the 17th most cited.

40An anonymous author (Due Process in the Allocation, 1975) as well as Bassoon (1979), Mavrodes (1984) and Hirose (2007) have criticized the proposal. Childress (1970), Katz (1973) and Kilner says People (1981) as well as more recently Waring (1995) have defended and developed.

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A major controversy in the field of the ethique41. A short presentation of this lottery for the survival is made by Hanink (1976, 223) :

" Harris asks us to suppose that organ transplant procedures have been perfected. Having this Navigation pack - screen shots, we are urged to put ourselves in the place of Y and Z. They will die without, respectively, heart and lung transplants. Purpose we have no spare organs in stock. So Harris proposed a no-nonsense reform. We ought not to let Y and Z die; rather we ought to take A's heart and lungs, thus killing has, to save Y and Z. And never mind A's right to bodily integrity. Two for one, after all, is a bargain not to be missed. Moreover, we can quiet most of our moral scruples about this proposal by scientifically selecting A through a national lottery. ≪

The second cluster of texts is that which concerns not more of the scarce but the distribution of headache. The recurring theme in this area is the question of conscription, which has given rise to proposals for introduction of the draw which the most famous is contained in the short text on the Draft signed by a collective of authors belonging to a Harvard Study Group in 1967, in reaction to the procedure in force alors42. The writing is not only interesting for its content but also by its creation process when it is known that John Rawls, Samuel Huttington or even Michael Walzer were members of the group. It also seems to have had an impact on the subsequent legislation concerning the procedure of conscription from 1970 (Buchstein & Hein 2009) which has itself been the subject of debates and proposals of reforme43. Proposals for distribution of other social ills - whether taxes or the distribution of a sentence by drawing after a judgment - have also been regularly formulated without provoking a debate of such a intensite44.

The last cluster of texts concerned of new goods but non-vital, as the scientific funding (Abert 1972), the operating licenses (Haspel 1985), the spaces for the boarding school of medicine (Murphy 2001) or the nationalite45. Recently, the debate the more keen has concerned the admission school and university, which can be explained by the introduction since a few years of schemes of prints in this area in several countries in Eu41Among

The authors who have taken part in the controversy, see Glover (1977), Singer (1977), Harris (1978), Green (1979) and Leiman (1983). The text of Harris is cited 17 times (12e more cited).

42There was a possibility of escape recruitment by studying and having good notes, which on the one hand gave - in the light of the costs of the studies - a benefit to the children of the affluent and was putting on the other hand the fate of students between the hands of the rating of the part of their teachers.

43See in particular Fienberg (1971) and Scheirer & Fienberg (1971). The conscription by drawing and its modalities, including that of the financial relief, has also been the subject of lively debates in the 19th century who have summers studied and presented by Bohigas (1968).

44On the taxes see Stiglitz (1982) and on the distribution of sentences by drawing, see Lewis (1989).

45Grotzinger (1998) proposed to create a second nationality which would be pulled to the fate has the birth. Each human being thus have a dual nationality and by the same occasion some of the related rights and obligations. Thus for example the duty to return 3% of his wages to the country of second nationality.

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Rope46. The magazine the most comprehensive of the distribution of batches per draw and the discussions that result was made by Boyle (1998 ; 2005)47.

4.2The drawing as a method of rational decision and fair

Despite the fact that the decision-making seems to be the use the more commonly prevalent of the drawing, it is precisely this type of employment which seems to have the least attracted the attention academic, in all cases if one is interested not to descriptive works but well to the proposals for the introduction of schemes based on the tirage48. There is however an important exception which is articulated around the development of public choice theory in political economy. The year 1969 has seen the release of the first two proposals of this type (Frey 1969; Zeckhauser 1969) who have put forward the need to introduce the drawing as a method of decision-making in order to better take into account the preferences of actors in specific cases. The example of Zeckhauser is the following (1969, 697) :

" The 101 Club must choose a single form of entertainment for all club members. The membership rolls contain fifty football fanatics, Fiddy ballet aficionados, and a single lover of musical comedy. For the footballers who go to the musical is almost as bad as the ballet. For the ballet enthusiasts the musical is little better than football. By majority rule, using pairwise comparisons without lotteries, the musical will be chosen. If lotteries were permitted, a fifty-fifty football-ballet lottery would defeat the musical by any required plurality," up to 100 out of 101 ≪.

Zeckhauser note however in his text that the proposal has more disadvantages than advantages and ends by the reject in recital that the drawing will not impose ex ante as procedure of choice precisely because of the preferences of actors for other types of procedures not probabilistic. The draw will be losing at the time of the decision on the procedure for decision49. The short article of Zeckhauser has had a significant resonance in the discussion on the methods of rational choice and the corpus account and not less than nine direct reactions

46For of ancient texts, see Simpson (1972) and D'Hofstee (1983). On the recent debate see Goudappel (1999), O'Hear (2007), Saunders (2008) Stone (2008d) or Boyle (2010).

47See also the articles of Greely (1977) and Szaniawski (1991).

48The texts containing proposals for the introduction of decision by drawing represent 11.2 per cent of the corpus and 9.5 per cent of the database.

49" Unfortunately, difficulties arise. No lottery can be chosen that will meet the standards which we usually require of those certain alternatives that are chosen in conventional majority procedures. In pairwise majority contests, no lottery can win a majority over every certain alternative and over every lottery there are certain alternatives " (Zeckhauser 1969, 697).

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His proposal. The most immediate are those of Shepsle (1970) and Fishburn (1972a) who criticize certain premises of Zeckhauser and introduce a probabilistic analysis of the preferences of the actors. Most of these reactions lead to the same conclusion of the rejection of the drawing as credible alternative has the rule of majorite50. Three important exceptions are noted: the first from Nitzan (1975)51 who pleaded for the introduction of such a decision-making method while remaining skeptical about its feasibility, the second coming from Holler (1985) who proposed to draw lots to the method of counting the votes (simple majority, absolute majority, qualified majority, etc. ) before each vote in the parliament with the aim to prevent the strategic behavior on the part of the members but also in order to get on the long-term a " proportional representation strict " on52. The third is to Frey himself who in his 1969 article argues in his conclusion that this mode of decision would be beneficial and that it would be good to put in place and which has reiterated its proposal in 2010 in the appointing probability voting ( Frey 2010). The other texts of the group are interested rather to the theoretical models of calculations of the social choices in the presence of a draw more that has proposals concretes53. Outside of the discussion on the theory of rational choice, the proposals for the introduction of schemes of decision-making is concentrated around the more general question of equity. The first text in this field is that of Taurek (1977) which addresses the problem of the number in the following form:

" I can hear the incredulous tones: "Would you flip a corner were it a question of saving fifty persons or saving one? Surely in situations where the numbers are this alternatives you must admit that one ought to save the many rather than the few or the one." I would flip a corner even in such a case, special considerations apart. I cannot see how or why the mother addition of numbers should change anything. It seems to me that those who, in situations of the kind in question, would have me count the relative numbers of people involved as something in pesticidal of Significanceâ, would have me attach importance to human beings and what happens to them in merely the way I would to objects which I valued. ≪

50 The argument in this case rests on the fact that the cost of a procedural block resistant strategies of actors - that is to say including a draw - is too high relative to the benefits that such a resistance provided.

51Nitzan (1975, 100) : " At present, it seems unlikely that any society would adopt tea suggested Reasonning decision rule " on.

52See Holler (1985) and Berg & Holler (1986).

53See Fishburn (1972b), Fishburn & Gehrlein (1977), Intriligator (1973), Gibbard (1977), Pattanaik & Peleg (1986), Ledyard & Palfrey (1994). A good indication of the strong interaction between these texts is delivered by Fishburn (1978, 133) : " Thanks in part to the paper by Zeckhauser ( … ), interest in the analysis of social choice lotteries has increased in the past few years " or by Gibbard (1977, 668): " It was Zeckhauser who broached the study of voting with lotteries as alternatives. Fishburn studies the subject further. ≪

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This proposal has caused an important debate and many critical positions on the validity of a printout in the case or the alternatives represent different sizes, accompanied by counter-proposals centerd on the idea of prints weighted by exemple54.

Finally, without reference to the problems of ethics, the recourse to the decision-making by drawing has also been proposed in a utilitarian perspective, i.e. in cases in which the cost of meeting an adequate information exceeds the gain of a decision-making not aleatoire55.

4.3Distribute the power by drawing: The proposals of sortition

While the distribution of political posts by drawing has interested many of the authors of after-war, the proposals concerning the jobs non-policies remained rares56, a propensity which comes in part from the fact that the latter have often summers considered as lots. That is why they will not be discussed here and we will concentrate on the political posts following the distinction made in the chapter 1.

4.3 .1extend the principle of the judicial jury

The judicial sphere is the area where the draw is the most widespread and the proposals most rares57. The first voice that amounted have concerned the reform of the jury itself within the framework of the controversies of 1970 on the representativeness of juries north-Americans: there is thus a series of articles proposing to improve this last by using cross-lists or by taking explicitly into account the ethnic dimension during the draw through quotas58. More recently and in a optical more radical, Bunting (2006) has proposed to extend the system of juries in such a way that the " state-court judges should be selected by a process similar to that currently used to select trial juries, where tea

54See between other Parfit (1978), Kavka (1979), Sanders (1988) and Lawlor (2006).

55See for example Wolff (1969 ; 1970), Sunstein & Ullmann-Margalit (1999) or Schmidt (2000). The texts of Wolff had a great resonance in the United States . The book of 1970 is quoted 13 times in the corpus.

56The most notable exception is the work of Boyle. See in particular article of 1998. See also the joblottery of Goodwin (2005).

57This raises the question of the correlation: the proposals are they rare because the draw is already present (the work is already done) or despite the fact that it is present (justice would be the area where the threshold of resistance is the lowest) ?

58This controversy was conducted mainly in the fields of Civil Rights and will not developed here. For an example of these articles, see Alker & al. (1976).

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Set of possible candidates is now roughly defined as all members of the state bar " on. Lichtman (1996) has proposed to fit the number of jurors has 24 persons present during the whole trial before draw lots 12 of them for the final deliberation.

4.3 .2 "a modest proposal for reform" and "election-prints"

The corpus account four proposals concerning either of the elected positions either voting procedures themselves. The oldest is the Modest Proposal for Election Reform of Abrams & Settle (1976, 45) who suggest to choose a pool of voters by drawing within the whole of the electorate in order to " substantially reduce election costs without appreciably altering the election outcome. ≪59 An idea which has remained isolated, in contrast to the proposal made in 1984 by Amar to introduce a system of Lottery Voting, i.e. a weighted draw between the candidates in the elections in order to decide the final winner. More recently, two proposals for reform of the system of elections north american have met a certain echo. The first (Gangale 2004 ; Tolbert, Redlawsk & Bowen 2009) focuses on the idea that it would be a good idea to pull the State in which should be held the first primary in the presidential. The second sees the establishment of electoral districts random or more exactly the allocation of voters has constituencies non-territorial randomly (Rehfeld 2005)60.

4.3 .3An executive fired the Fate

The corpus enables identification of six authors who have defended the draw for executive posts. The first proposal seems to be coming of 1969 of Vidal-Naquet (Schnapp & Vidal-Naquet 1969, 40) in the form of an " anti-administrative council " on the draw for the School practice of High Studies of Paris61. Subsequent proposals came from Emery (1976b) for the total posts in the Government Service ; by Barber (1984) for the mayors and municipal officials; by Mulgan (1984, 555) to the executive within the associations and unions; by Burnheim (1985) for the whole of executive posts ; by Knag (1998) to determine which of the two best candidates for the presidential elections north american should ultimately govern. In a register near, Frey & Stut59In

The same direction see Horn (1980) who speaks of Wahlerspezialisierung.

60 The proposal of Rehfeld has given rise to a sustained debate, in particular in the form of a complete number of the magazine Polity with articles from Canon (2008), James (2008), Rehfeld (2008), Stone (2008b) and Williams (2008).

61This in fact apparently the first proposal for the introduction of the draw of posts after the war.

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Zer (2005) have proposed to give has a group of citizens drawn on power to control and allocate the executive powers of the international organizations.

4.3 .4mini-public in theory and in practice

It is in 1970 that Dahl has made the first proposal of introduction of deliberative body drawn by lot from among the population: " I propose that we seriously consider restoring that ancient democratic device and use it for selecting advisory councils to every elected official of the giant polyarchy - mayors of large cities, state governors, members of the US House and Senate, and even the President " (Dahl 1970, 149). A thought clarified, specified and slightly amended in two subsequent texts: " I would propose the creation of what might be called a mini-populus. Its members would be a group of randomly selected citizens who would serve for a limited period " (Dahl 1987, 207 and Dahl 1989). If the idea was not immediately met with an echo important, it has achieved little by little the status of reference in the matiere62. Many of the other proposals subsequent theoretical elsewhere make reference to the mini-public as a source of inspiration while ranging from the more often beyond, including providing for legislative prerogatives to the body in question63. The fact remains that the idea of mini-public has constituted the most fertile recruiting ground of the interaction between theory and practice. In fact, the development of the theoretical proposals is carried out in parallel to that of practical experiences. It is thus that Dienel and Crosby propose and then put in place 1973 of Planungszellen and from 1976 of Citizens Juries. As these practical developments are at the center of chapter 4, here we will just mention the publications in which these practitioners have presented their innovations for the first time, in 1969 for Dienel and in 1976 for Crosby64. In the same vein, we also find Fishkin (1991, 1995) and its model of Deliberative Poll, inspired according to him in part of the proposal of Dahl, unlike the two previous authors. If we now return to the theoretical realm, the proposal to introduce a new branch of the power that it is for62The study

Bibliometric certainly shows that the first reference of the corpus to the text of Dahl is from 1972. However more than half of the 24 citations are dated after 2004.

63See infra, p. 112 et seq.

64See Dienel (1969). The publication of classic Dienel in which the template is presented in a manner developed is 1978 (Dienel 1978 ; reissues in 1991, 1992,1997 and 2002). Crosby introduced his model for the first time in 1976 but in a document not published officially, and then in detail in 1986 and especially 2003 (Crosby et al. 1986; Crosby 2003).

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Could appoint " deliberative " has recently been made by Carson & Martin (1999)65, by Gastil (2000) in the form of Deliberative Elections and by O'Leary (2006) and its People's House .It will be noted that these proposals are late, which reflects the growing interaction between theory and practice that we will discuss ulterieurement66. Also, it should be noted that some publications on the subject are simply an exploratory approach as this may be the case of Rocke (2005) or Warren & Pearse (2008).

4.3 .5draw lots to the legislative power: the "legislature random" to " Loskammer " in passing by "the Athenian option "67

The proposals in this area are by far the most numerous and the most diverse, both in the models presented in the argument which underlies, as will be seen in the next chapter. Chronologically speaking, the first of the 15 proposals identified in the corpus is coming - just as in the case of decision-making - of authors close to school of choice public68. The article published by Muller, Tollison & Willet in 1972 put forward the following idea: " We would like to propose for consideration the selecting of a national legislature at random from the voting populace " (Muller & al. 1972, 50). Such a system would allow the authors to combine " tea priviledges of collecting decentralized information through polling with the efficiency of representation " on. ARTICLE, several times reissued and widely quoted by the suite thus constitutes the starting point for an important series of proposals that we would confine himself to summarise (see figure 14, p. 113) in the accompanying two remarks. First it was integrated in the table the proposals subsequent to April 2010, secondly and as pointed out at the beginning of this chapter, some of the texts proposing the draw of the legislative body are based on an argument particularly militant. It is thus the case of the second text published after war, in 1976, by Becker, who proposed a Half Random House in order to

65In their book Carson & Martin are supporters of the introduction of the draw in many other areas, but as regards the sortition, they favor a deliberative function.

66It is also for this reason that the vast literature on participatory democracy has been excluded from the corpus but also of the data base. A further reason is that the majority of this literature is not interested in the prize draw as such as we the concepts in introduction. The exceptions have been made for the founding texts or for those who are focusing on the drawing in the participatory democracy, for example Coote & Lenaghan (1997).

67Muller et al. (1972), Buchstein & Hein (2009), Barnett & Carty (1998).

68The database includes 40 texts and the corpus 17. This significant difference is explained by the number of editions and reprints as well as the exclusion of texts activists.

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Counter the faults of the elective system and to obtain a " true " representation of the people against its " elites " (Becker 1976b, 183-185). This is also the case of more recent texts such as that of Weyh (2007) who wants to exile the political representatives on a deserted island before putting in place a parliament drawn by lot, or Amanrich (1999, 2006) which announced " the death of democracy " on. These texts are not taken into account in the corpus and are therefore not presented here.