Sortition

In governance, sortition (also known as allotment or demarchy) is the selection of political officials as a random sample from a larger pool of candidates.[1] The logic behind the sortition process originates from the idea that "power corrupts."[citation needed] For that reason, when the time came to choose individuals to be assigned to empowering positions, the ancient Athenians resorted to choosing by lot. In ancient Athenian democracy, sortition was therefore the traditional and primary method for appointing political officials, and its use was regarded as a principal characteristic of true democracy.[2]

Today, sortition is commonly used to select prospective jurors in common law-based legal systems and is sometimes used in forming citizen groups with political advisory power (citizens' juries or citizens' assemblies).[3]

History

The following is a brief history of sortition's implementation, as it applies specifically to governance, and (when specified) the courts.

Ancient Athens

Athenian democracy developed in the 6th century BC out of what was then called isonomia (equality of law and political rights). Sortition was then the principal way of achieving this fairness. It was utilized to pick most[4] of the magistrates for their governing committees, and for their juries (typically of 501 men). Aristotle relates equality and democracy:

Democracy arose from the idea that those who are equal in any respect are equal absolutely. All are alike free, therefore they claim that all are free absolutely... The next is when the democrats, on the grounds that they are all equal, claim equal participation in everything.[5]

It is accepted as democratic when public offices are allocated by lot; and as oligarchic when they are filled by election.[6]

In Athens, "democracy" (literally meaning rule by the people) was in opposition to those supporting a system of oligarchy (rule by a few). Athenian democracy was characterised by being run by the "many" (the ordinary people) who were allotted to the committees which ran government. Thucydides has Pericles make this point in his Funeral Oration: "It is administered by the many instead of the few; that is why it is called a democracy."[7]

A kleroterion in the Ancient Agora Museum (Athens)

The Athenians believed sortition to be democratic but not elections[4] and used complex procedures with purpose-built allotment machines (kleroteria) to avoid the corrupt practices used by oligarchs to buy their way into office. According to the author Mogens Herman Hansen the citizen's court was superior to the assembly because the allotted members swore an oath which ordinary citizens in the assembly did not and therefore the court could annul the decisions of the assembly. Both Aristotle[4] and Herodotus (one of the earliest writers on democracy) emphasize selection by lot as a test of democracy, "The rule of the people has the fairest name of all, equality (isonomia), and does none of the things that a monarch does. The lot determines offices, power is held accountable, and deliberation is conducted in public."[8]

Past scholarship maintained that sortition had roots in the use of chance to divine the will of the gods, but this view is no longer common among scholars.[9] In Ancient Greek mythology, Zeus, Poseidon, and Hades used sortition to determine who ruled over which domain. Zeus got the sky, Poseidon the sea, and Hades the underworld.

In Athens, to be eligible to be chosen by lot, citizens self-selected themselves into the available pool, then lotteries in the kleroteria machines. The magistracies assigned by lot generally had terms of service of 1 year. A citizen could not hold any particular magistracy more than once in his lifetime, but could hold other magistracies. All male citizens over 30 years of age, who were not disenfranchised by atimia, were eligible. Those selected through lot underwent examination called dokimasia in order to avoid incompetent officials. Rarely were selected citizens discarded.[10] Magistrates, once in place, were subjected to constant monitoring by the Assembly. Magistrates appointed by lot had to render account of their time in office upon their leave, called euthynai. However, any citizen could request the suspension of a magistrate with due reason.[11]

Northern Italy and Venice – 12th to 18th century

The brevia was used in the city states of Northern Italy during the 12th and 13th centuries and in Venice until the late 18th century.[12] Men, who were chosen randomly, swore an oath that they were not acting under bribes, and then they elected members of the council. Voter and candidate eligibility probably included property owners, councilors, guild members, and perhaps, at times, artisans. The Doge of Venice was determined through a complex process of nomination, voting and sortition.

Lot was used in the Venetian system only in order to select members of the committees that served to nominate candidates for the Great Council. A combination of election and lot was used in this multi-stage process. Lot was not used alone to select magistrates, unlike in Florence and Athens. The use of lot to select nominators made it more difficult for political sects to exert power, and discouraged campaigning.[10] By reducing intrigue and power moves within the Great Council, lot maintained cohesiveness among the Venetian nobility, contributing to the stability of this republic. Top magistracies generally still remained in the control of elite families.[13]

Florence – 14th and 15th century

The scrutiny was employed in Florence for over a century starting in 1328.[12] Nominations and voting together created a pool of candidates from different sectors of the city. These men then had their names deposited into a sack, and a lottery draw determined who would get magistracy positions. The scrutiny was gradually opened up to minor guilds, reaching the greatest level of renaissance citizen participation in 1378–82.

In Florence, lot was used to select magistrates and members of the Signoria during republican periods. Florence utilized a combination of lot and scrutiny by the people, set forth by the ordinances of 1328.[10] In 1494, Florence founded a Great Council in the model of Venice. The nominatori were thereafter chosen by lot from among the members of the Great Council, indicating a decline in aristocratic power.[14]

Switzerland

Because financial gain could be achieved through the position of mayor, some parts of Switzerland used random selection during the years between 1640 and 1837 in order to prevent corruption.[15]

India

Local government in parts of Tamil Nadu such as the village of Uttiramerur traditionally used a system known as kuda-olai where the names of candidates for the village committee were written on palm leaves and put into a pot and pulled out by a child.[16]

Other Languages
català: Insaculació
Deutsch: Losverfahren
español: Insaculación
euskara: Zozketa
français: Tirage au sort
italiano: Sorteggio
עברית: סורטיציה
Nederlands: Loting
Simple English: Allotment