"Democracy Thesis" Œ Sortition in Ancient Greek Political Theory
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Il Sorteggio Come Metodo Di Decisione
IL SORTEGGIO COME METODO DI DECISIONE. PRINCIPI E FATTISPECIE* di Marco Mandato** SOMMARIO: 1. Premessa – 2. Il sorteggio come regola ordinaria di decisione per tutelare l’eguaglianza in 'entrata' – 3. Il sorteggio come regola decisoria residuale o eccezionale per tutelare l’eguaglianza 'sopravvenuta' – 4. Il sorteggio come regola di formazione degli organi collegiali di valutazione e controllo – 4.1. Il sorteggio come regola di formazione degli organi collegiali con funzioni giurisdizionali – 5. Conclusioni 1. Premessa l sorteggio rappresenta un metodo per assumere le decisioni nell’ambito della I giuridicità1. Il caso è considerato il metodo più democratico2 perché, in fondo, la * Contributo sottoposto a double blind peer review. ** Dottore di ricerca in Diritto pubblico, comparato e internazionale – Teoria dello Stato e Istituzioni politiche comparate, Sapienza, Università di Roma. 1 Per un inquadramento preliminare e generale sul tema, sebbene relativamente al solo Diritto pubblico, cfr. ZEI, A., L’arbitrato del caso: applicazioni del metodo del sorteggio nel Diritto pubblico, in Nomos-Le attualità nel diritto, n. 1/2017. 2 Il carattere democratico del sorteggio è stato alla base del funzionamento della democrazia ateniese nel V e nel IV secolo a. C., nella Firenze del a Venezia dal 1268 e a Firenze dal 1328. Ad Atene, l’estrazione a sorte costituiva il metodo tipico per formare la Bulé e le cariche interne alla stessa. il Presidente, competente a gestire e organizzare i lavori. Il Presidente era uno dei pritani, ossia un consigliere della tribù dirigente che veniva estratto a sorte. Terminato il turno‘, al tramonto, si procedeva nuovamente all‘estrazione di un nuovo Presidente tra i pritani delle tribù in modo che ciascuna di esse avrebbe diretto gli affari‘ secondo il turno stabilito dal caso. -
Citizen Orientations Toward Democracy Across These Same Nations
CSD Center for the Study of Democracy An Organized Research Unit University of California, Irvine www.democ.uci.edu Democratic Aspirations and Democratic Ideals 1 Russell J. Dalton Center for the Study of Democracy University of California, Irvine Doh Chull Shin Department of Political Science University of Missouri February 2004 1 Paper presented for presentation at the conference on "Citizens, Democracy and Markets around the Pacific Rim," East West Center, Honolulu, March 2004. Portions of this chapter are drawn from a paper presented at the Hawaii International Conference on the Social Sciences, Honolulu, Hawaii, June 11-15, 2002. Our thanks to Ronald Inglehart and Hans-Dieter Klingemann for supporting our participation in the 2000-02 World Values Survey; Pham Minh Hac and Pham Thanh Nghi for collaborating on the Vietnamese WVS; and Nhu-Ngoc Ong, Dorothy Solinger, and William Zimmerman for their advice on this research. We also gratefully acknowledge the research support of the POSCO Fellowship Program at the East-West Center in Hawaii, and especially Dr. Choong Nam Kim. Democratic Aspirations and Democratic Ideals Democratization has transformed the world in the last half of the 20th century. Where once democracy seemed like a small island in a sea of authoritarian states, with an uncertain future, it now is proclaimed as the inevitable endpoint of human political evolution (Fukuyama 1992). Data from the Freedom House illustrate this development. In 1950, only 14.3% of the countries (and colonial units) in the world were democracies, which included 31% of the world’s population. In 1990, the Freedom House considered 46.1% of the nations in the world as democracies. -
On the Distortion of Voting with Multiple Representative Candidates∗
The Thirty-Second AAAI Conference on Artificial Intelligence (AAAI-18) On the Distortion of Voting with Multiple Representative Candidates∗ Yu Cheng Shaddin Dughmi David Kempe Duke University University of Southern California University of Southern California Abstract voters and the chosen candidate in a suitable metric space (Anshelevich 2016; Anshelevich, Bhardwaj, and Postl 2015; We study positional voting rules when candidates and voters Anshelevich and Postl 2016; Goel, Krishnaswamy, and Mu- are embedded in a common metric space, and cardinal pref- erences are naturally given by distances in the metric space. nagala 2017). The underlying assumption is that the closer In a positional voting rule, each candidate receives a score a candidate is to a voter, the more similar their positions on from each ballot based on the ballot’s rank order; the candi- key questions are. Because proximity implies that the voter date with the highest total score wins the election. The cost would benefit from the candidate’s election, voters will rank of a candidate is his sum of distances to all voters, and the candidates by increasing distance, a model known as single- distortion of an election is the ratio between the cost of the peaked preferences (Black 1948; Downs 1957; Black 1958; elected candidate and the cost of the optimum candidate. We Moulin 1980; Merrill and Grofman 1999; Barbera,` Gul, consider the case when candidates are representative of the and Stacchetti 1993; Richards, Richards, and McKay 1998; population, in the sense that they are drawn i.i.d. from the Barbera` 2001). population of the voters, and analyze the expected distortion Even in the absence of strategic voting, voting systems of positional voting rules. -
A Canadian Model of Proportional Representation by Robert S. Ring A
Proportional-first-past-the-post: A Canadian model of Proportional Representation by Robert S. Ring A thesis submitted to the School of Graduate Studies in partial fulfilment of the requirements for the degree of Master of Arts Department of Political Science Memorial University St. John’s, Newfoundland and Labrador May 2014 ii Abstract For more than a decade a majority of Canadians have consistently supported the idea of proportional representation when asked, yet all attempts at electoral reform thus far have failed. Even though a majority of Canadians support proportional representation, a majority also report they are satisfied with the current electoral system (even indicating support for both in the same survey). The author seeks to reconcile these potentially conflicting desires by designing a uniquely Canadian electoral system that keeps the positive and familiar features of first-past-the- post while creating a proportional election result. The author touches on the theory of representative democracy and its relationship with proportional representation before delving into the mechanics of electoral systems. He surveys some of the major electoral system proposals and options for Canada before finally presenting his made-in-Canada solution that he believes stands a better chance at gaining approval from Canadians than past proposals. iii Acknowledgements First of foremost, I would like to express my sincerest gratitude to my brilliant supervisor, Dr. Amanda Bittner, whose continuous guidance, support, and advice over the past few years has been invaluable. I am especially grateful to you for encouraging me to pursue my Master’s and write about my electoral system idea. -
Law, Liberty and the Rule of Law (In a Constitutional Democracy)
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2013 Law, Liberty and the Rule of Law (in a Constitutional Democracy) Imer Flores Georgetown Law Center, [email protected] Georgetown Public Law and Legal Theory Research Paper No. 12-161 This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/1115 http://ssrn.com/abstract=2156455 Imer Flores, Law, Liberty and the Rule of Law (in a Constitutional Democracy), in LAW, LIBERTY, AND THE RULE OF LAW 77-101 (Imer B. Flores & Kenneth E. Himma eds., Springer Netherlands 2013) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Constitutional Law Commons, Jurisprudence Commons, Legislation Commons, and the Rule of Law Commons Chapter6 Law, Liberty and the Rule of Law (in a Constitutional Democracy) lmer B. Flores Tse-Kung asked, saying "Is there one word which may serve as a rule of practice for all one's life?" K'ung1u-tzu said: "Is not reciprocity (i.e. 'shu') such a word? What you do not want done to yourself, do not ckJ to others." Confucius (2002, XV, 23, 225-226). 6.1 Introduction Taking the "rule of law" seriously implies readdressing and reassessing the claims that relate it to law and liberty, in general, and to a constitutional democracy, in particular. My argument is five-fold and has an addendum which intends to bridge the gap between Eastern and Western civilizations, -
Legislature by Lot: Envisioning Sortition Within a Bicameral System
PASXXX10.1177/0032329218789886Politics & SocietyGastil and Wright 789886research-article2018 Special Issue Article Politics & Society 2018, Vol. 46(3) 303 –330 Legislature by Lot: Envisioning © The Author(s) 2018 Article reuse guidelines: Sortition within a Bicameral sagepub.com/journals-permissions https://doi.org/10.1177/0032329218789886DOI: 10.1177/0032329218789886 System* journals.sagepub.com/home/pas John Gastil Pennsylvania State University Erik Olin Wright University of Wisconsin–Madison Abstract In this article, we review the intrinsic democratic flaws in electoral representation, lay out a set of principles that should guide the construction of a sortition chamber, and argue for the virtue of a bicameral system that combines sortition and elections. We show how sortition could prove inclusive, give citizens greater control of the political agenda, and make their participation more deliberative and influential. We consider various design challenges, such as the sampling method, legislative training, and deliberative procedures. We explain why pairing sortition with an elected chamber could enhance its virtues while dampening its potential vices. In our conclusion, we identify ideal settings for experimenting with sortition. Keywords bicameral legislatures, deliberation, democratic theory, elections, minipublics, participation, political equality, sortition Corresponding Author: John Gastil, Department of Communication Arts & Sciences, Pennsylvania State University, 232 Sparks Bldg., University Park, PA 16802, USA. Email: [email protected] *This special issue of Politics & Society titled “Legislature by Lot: Transformative Designs for Deliberative Governance” features a preface, an introductory anchor essay and postscript, and six articles that were presented as part of a workshop held at the University of Wisconsin–Madison, September 2017, organized by John Gastil and Erik Olin Wright. -
Direct and Economic Democracy in Ancient Athens and Its Significance Today
SOCIETY & NATURE, Vol. 1, No. 1 (1992) Direct and Economic Democracy in Ancient Athens and its Significance Today TAKIS FOTOPOULOS Abstract This article examines the intrinsic relationship between direct and economic democracy as it was exemplified in the case of classical Athens. The aim is to show that the final failure of the Athenian democracy was not due, as is usually asserted, to the innate weaknesses of direct democracy but, firstly, due to the fact that it always remained partial, embracing only part of its population, and, second, that it was never completed by a corresponding economic democracy. This fact implies that any attempt today at establishing direct democracy, which is not complemented by economic democracy, is condemned to failure. During the Athenian celebrations for the 2,500th anniversary of Cleisthenes' reforms (where there appeared a ridiculous show of the elite who celebrated, by themselves, the most anti- elitist form of democracy that has ever existed!), as well as in the wider `discussion' that followed on the significance of direct democracy, no reference was made to the relationship between direct and economic democracy. As I will try to show, however, the development of the Athenian democracy amongst its citizens (that is with the slaves and women excluded) kept pace with a determined effort to diminish the socio-economic differences between the citizens. Also, the decline itself of the Athenian democracy was, in my view, directly connected with its failure to become universal, and with the contradiction created by the fact that the political equality which the Athenian democracy had established for its citizens was, in the last instance, founded on economic inequality. -
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ARISTOTLE AND DEMOCRACY A PhD Thesis submitted by Charalambos Ioannou Papageorgiou k k k k University College University of London LONDON 1991 ** ProQuest Number: 10609803 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 10609803 Published by ProQuest LLC(2017). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 2 ABSTRACT The thesis undertakes a reconstruction and critical assessment of Aristotle's theory of democracy. The process of reconstruction requires at first the collection and organisation of the relevant material, since Aristotle's references to democracy, although numerous, are scattered throughout his political and ethical writings. A chapter is devoted to this task. This chapter also seeks to describe the historical and intellectual context in which Aristotle developed his ideas on democracy. The thesis then attempts to identify the fundamental principles which underlie Aristotle's conception of democracy. These are examined both in their relation to one another and also in their relation to the fundamental principles of Aristotle's political philosophy in general. Aristotle's teleological conception of the state and his theory of distributive justice based on proportionate equality are singled out as the salient principles which shape his conception, classification and criticism of democracy. -
Rethinking Athenian Democracy.Pdf
Rethinking Athenian Democracy A dissertation presented by Daniela Louise Cammack to The Department of Government in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the subject of Political Science Harvard University Cambridge, Massachusetts January 2013 © 2013 Daniela Cammack All rights reserved. Professor Richard Tuck Daniela Cammack Abstract Conventional accounts of classical Athenian democracy represent the assembly as the primary democratic institution in the Athenian political system. This looks reasonable in the light of modern democracy, which has typically developed through the democratization of legislative assemblies. Yet it conflicts with the evidence at our disposal. Our ancient sources suggest that the most significant and distinctively democratic institution in Athens was the courts, where decisions were made by large panels of randomly selected ordinary citizens with no possibility of appeal. This dissertation reinterprets Athenian democracy as “dikastic democracy” (from the Greek dikastēs, “judge”), defined as a mode of government in which ordinary citizens rule principally through their control of the administration of justice. It begins by casting doubt on two major planks in the modern interpretation of Athenian democracy: first, that it rested on a conception of the “wisdom of the multitude” akin to that advanced by epistemic democrats today, and second that it was “deliberative,” meaning that mass discussion of political matters played a defining role. The first plank rests largely on an argument made by Aristotle in support of mass political participation, which I show has been comprehensively misunderstood. The second rests on the interpretation of the verb “bouleuomai” as indicating speech, but I suggest that it meant internal reflection in both the courts and the assembly. -
Dipartimento Di Scienze Politiche Curriculum in Teoria Dello Stato Ed
Dipartimento di Scienze Politiche Dottorato di Ricerca in Diritto pubblico, comparato ed internazionale Curriculum in Teoria dello Stato ed istituzioni politiche comparate Tesi di Dottorato LA DEMOCRAZIA DEL SORTEGGIO Tutor ___Dottorando Chiar.mo Prof. Fulco Lanchester Dott. Marco Mandato Ciclo XXX del Dottorato di Ricerca A.A. 2016/2017 Indice Oggetto, metodo e scopi della ricerca .......................................................................... 4 Premessa ....................................................................................................................... 6 CAPITOLO I DECISIONI, VOTAZIONI, SORTEGGIO 1. I criteri per assumere una decisione ................................................................. 9 2. Decisioni e votazioni ..................................................................................... 10 2.1. Collegi, votazioni elettive e deliberative ................................................ 13 2.2. Il principio di maggioranza nelle votazioni pubblicistiche ..................... 19 2.3. Il voto elettivo come diritto politico ........................................................ 23 3. L‘elezione come metodo, procedimento e controllo ...................................... 25 3.1. Elezioni e partecipazione democratica ................................................... 29 3.2. La partecipazione alla votazione elettiva attraverso i partiti politici ....... 33 4. Rappresentanza, rappresentanza giuridica, rappresentanza politica, rappresentanza sociologica-statistica ............................................................. -
Robert Wallace's Publications
Publications: Books, single author 1. Reconstructing Damon. Music, Wisdom Teaching, and Politics in Perikles’ Athens. forthcoming 2013, Oxford University Press (UK) 2. The Areopagos Council, to 307 B.C., The Johns Hopkins University Press, Baltimore MD, 1989, xvii + 294 pages. Winner of the Gustave O. Arlt Award in the Humanities, awarded by the Council of Graduate Schools, 1988. Reviews : Gnomon 69 (1997) 76-78 W. Schuller; Aevum 66 (1992) 178-180 L. Pignoloni; Rechtshist. Journ. 10 (1991) 8-11 D. Cohen; Amer. Hist. Rev. 96 (1991) 487 R. Garner; Class. World 84 (1991) 416-417 R. Moorton; Journ. Hell. Stud. 110 (1990) 252-253 R. Knox; Class. Rev. 40 (1990) 356-358 D. Lewis; Gr.& R. 37 (1990) 242 P. Rhodes; Amer. Journ. Philol. 111 (1990) 410-414 E. Carawan; New Engl. Class. Newsl. & Journ., May 1990, 35-36 D. Held; History 1989, pp. 129-130 P. Krentz; Choice 26-5503 (June 1989) P. Mitsis. Book, co-authored 3. Origins of Democracy in Ancient Greece, by Kurt A. Raaflaub, Josiah Ober, and Robert W. Wallace, University of California Press, Berkeley and Los Angeles 2007, pp. xi + 242; paperback ed. 2008. Reviews: Bryn Mawr Cl. Rev. (Rhodes), Class. Rev. 58 (2008) 513-14 (Christ), HistLit 5 (2007) 66-68 (Bernett), Sehepunkt 7 (2007) 10 (Welwei), HistLit 5 (2007) 66-68 (Bernett), Gnomon 80 (2008) 704-708 (Walter), HistZeitschr. 285 (2007) 684-686 (Schubert), Eirene 45 (2009) 181-182 (Oliva); Perspectives on Politics 7 (2009) 950-951 (Saxonhouse), Hermathena 186 (2009) 91-95 (Champion) 3a. Le origini della democrazia nell'antica Grecia, Ariele Press, Milan, 2011. -
Weak Rule of Law As the Primary Cause of Lower-Quality Latin American Democracies
ABSTRACT Weak Rule of Law as the Primary Cause of Lower-Quality Latin American Democracies Dacie A. Bradley Director: Victor Hinojosa, Ph.D. Drawing on a deep tradition of rule of law literature, spanning from Aristotle to O’Donnell, this thesis argues that the main problem in modern Latin America is a weak rule of law evidenced by ineffective judicial systems unable to sustain vertical and horizontal accountability. A broad analysis of the necessary characteristics and conditions for democratic rule of law leads to mid-range theory on the application of these characteristics in combination with the unique challenges facing modern day Latin America. A case study of Peru examining crime rates and court systems supports gives evidence to the paramount importance of rule of law and its lack thereof within the state and the region as a whole. This lack of strong rule of law gives rise to a host of other current issues and undermines democratic institutions lowering the quality of democracy. APPROVED BY DIRECTOR OF HONORS THESIS: ______________________________________________________ Dr. Victor Hinojosa, Thesis Director, Department of Political Science APPROVED BY THE HONORS PROGRAM: __________________________________________________________________ Dr. Elizabeth Corey, Director DATE: _____________ WEAK RULE OF LAW AS THE PRIMARY CAUSE OF LOWER-QUALITY, LATIN AMERICAN DEMOCRACIES A Thesis Submitted to the Faculty of Baylor University In Partial Fulfillment of the Requirements for the Honors Program By Dacie A. Bradley Waco, Texas August 2020 TABLE OF CONTENTS Chapter One: Rule of Law Tradition……………………………………………………...1 Chapter Two: Democratic Rule of Law in Modern Latin America……………………...23 Chapter Three: Crime and the Court Systems of Peru: A Case Study…………………..46 Chapter Four: Concluding Remarks on the Strength of Peruvian Rule of Law…………68 Bibliography……………………………………………………………………………..76 ii CHAPTER ONE: Rule of Law Tradition Latin America has been undergoing a process of democratization for the past thirty years resulting in a plethora of very different outcomes.