18.10.11

27. Sortition

https://en.wikipedia.org/wiki/Sortition

Contents

1  History
        1.1  Ancient Athens
        1.2  Northern Italy and Venice – 12th to 18th century
        1.3  Florence – 14th and 15th century
        1.4  Switzerland
        1.5  India
2  Today
        2.1  Modern examples
        2.2  Political proposals for sortition
        2.2.1  Sortition as part of reworking the state
        2.2.2  Sortition to replace elected legislative bodies
        2.2.3  Sortition to decide the franchise
        2.2.4  Sortition to supplement or replace some of the legislators
        2.2.5  Sortition to replace an appointed upper house
3  Advantages
        3.1  Effective representation of the interests of the people
        3.2  Cognitive diversity
        3.3  Fairness and equality
        3.4  Democratic
        3.5  Anti-corruption
        3.6  Empowering ordinary people
        3.7  Alleviates the problems of voter fatigue
        3.8  Loyalty is to conscience not to political party
4  Disadvantages
        4.1  Pure sortition does not discriminate
        4.2  Chance misrepresentation
        4.3  Voting confers legitimacy
        4.4  Individuals not chosen for enthusiasm
        4.5  Lack of feedback or accountability
5  Methods
6  See also
7  References
8  External links

Observation

https://en.wikipedia.org/wiki/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. 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.

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).

17.10.11

27. Lottocracy

The lottocracy

Elections are flawed and can’t be redeemed – it’s time to start choosing our representatives by lottery

Alexander Guerrero is an assistant professor of philosophy, medical ethics and health policy at the University of Pennsylvania.

It is easy to feel that what you do won’t make any difference. Recycle that can, bike or drive, buy from this company not that one, march in the streets against the factory closing or the looming war. It’s never enough: the forces are large and anonymous, and there aren’t enough of us. Or there are too many of us. Vote, petition, protest. It can all feel pointless: a kind of precious dancing around, keeping a low causal profile, with an eye on some imaginary Future Judgment. How clean my hands are! How little of the world’s horror has been made by them!

But we don’t care about that. We care about the horror: the steady-warming planet; the children born into hard, sad futures; the millions of homeless, and hungry, and unjustly imprisoned; the growing gap between the rich and the poor in Philadelphia, Kansas, and Kentucky, in Moscow, Ghana, and Paris. The problem, at bottom, is that we feel that we can’t make a difference. Ethically and politically, we are ghosts in a machine.

The celebrity comic Russell Brand is gesticulating wildly, urgently, in a hotel room, under the bright lights of a television interview. ‘Stop voting, stop pretending, wake up. Be in reality now. Why vote? We know it’s not going to make any difference. We know that already.’ He is responding to his interviewer, Jeremy Paxman, who is taking him to task for never having voted.

We are brought up to think that voting is important, that it is a necessary condition of being a politically serious person, that we can’t complain about politics if we don’t vote. This last principle has echoes of the more reasonable parental admonition, said of lima beans or cauliflower: don’t knock it until you’ve tried it. But that principle is based on sound epistemological grounds: you might, for all you know, like cauliflower or lima beans. The voting thing is, as Brand argues, stupid. There are ways of participating in public affairs other than voting. For example, one can become a celebrity and call for revolution in a television interview.

More to the point, the inference from not voting to not caring is a poor one. As Brand points out, you might care a lot about what happens and what the system is doing, but still realise that voting doesn’t affect what happens or what the system does. In most elections, the chance that your vote will make any difference to who wins is much smaller than the chance that you will be hit by a car on the way to cast your vote. But people still turn out to vote. They even drive through snow, miss work, and wait in line for hours.

This has puzzled political scientists and economists. Why do people vote? This is an empirical question; it concerns our actual motivations. Many answers have been given: we vote because we enjoy it; because we think others will think badly of us if we don’t; because we want to express ourselves; or cheer for our team; or because we believe that we have a duty to do so. One worry about all of these answers is that they seem disconnected from what makes voting seem so morally significant, something that it might be worth fighting and dying for the right to do.

In the modern world, we often find ourselves in the following situation. I know that whether I do X rather than Y won’t make a difference by itself. I also know that everyone else knows this about me and about themselves. I also know that if all of us do X, rather than Y, it will make a difference. And everyone else knows this, too. So it’s striking and surprising that a celebrity such as Brand would come out and say, to millions, ‘Don’t vote,’ rather than ‘Vote for X.’ That was the revolutionary part of the interview. A thousand lefty celebrities have gone on TV and advocated for causes. Very few have gone on TV and said ‘Don’t vote.’ Very few have gone on TV and said, essentially, X and Y can both go fuck themselves.

One reason not to vote is that your vote — your one vote — is unlikely to make a difference to who wins the election. Another reason not to vote is that it doesn’t matter who wins the election, that there is no difference between X and Y, republican and democrat, Tory and Labour. An extreme version of this thesis — which is obviously false — is that there is no difference between our Xs and our Ys. Much more plausible versions of this thesis are that there is not enough difference between our Xs and Ys, or that with respect to some important issues there is no difference between our Xs and Ys.

Brand’s view is clear: ‘I’m not [refusing to vote] out of apathy,’ he says. ‘I’m not voting out of absolute indifference and weariness and exhaustion from the lies, treachery, deceit of the political class that has been going on for generations.’ Brand says that many of us don’t engage with the current political system, because we see that it doesn’t work for us, we see that it makes no difference. ‘The apathy doesn’t come from us, the people,’ he says. ‘The apathy comes from the politicians. They are apathetic to our needs. They are only interested in servicing the needs of corporations.’

Is this true? Why would this be? Wasn’t the whole point of democratic elections to ensure that power would be in the hands of the people?

The theory of modern representative democracy goes something like this. Each of us is fundamentally autonomous and of equal moral worth, so that we have a claim to self-government, self-rule, to the extent that such self-government is compatible with an equal right to self-government of others.

This suggests something like direct democracy, in which each of us would have an equal say in determining whether we go to war, what policies and laws to adopt, what should be taxed and how much taxes should be, and so on. But — we quickly realise — modern politics is very complex; it is a full-time job to be even modestly well-informed about political issues. Ideally, one would spend all of one’s time doing it, in addition to having staff and resources to help. This suggests a move from direct democracy to representative democracy, where we would each have an equal vote in choosing that individual whom we think will best represent our interests and views. That person will act as our representative — and not as an elected tyrant — because to stay in power, she or he will have to be re-elected. If our representatives do things that we don’t like, we can vote them out. That’s the theory, and its simplicity and power — and the successes of actual electoral representative democracies — have led representative democracy to be the ascendant and unrivalled political system around the world.

So, what’s the problem? The problem is that despite the elections, elected representatives are not actually accountable, not meaningfully accountable, to those over whom they govern.

There are logistical hurdles to keep poor, marginalised citizens from successfully registering to vote

Even in established democracies there are concerns about the openness and fairness of elections. There are huge financial barriers to running for office, and considerable advantages to incumbency. Corporate money and television advertising have an outsized influence. There are logistical hurdles to keep poor, marginalised citizens from successfully registering to vote, and gerrymandering reduces competition, considerably. These difficulties all reduce how accountable our representatives are to us.

Even if these problems were addressed, they would succeed only in making elections fair. But meaningful accountability requires not just open and fair elections; it also requires that we are capable of engaging in informed monitoring and evaluation of the decisions of our representatives. And we are not capable of this. Not because we are stupid, but because we are ignorant: ignorant about what our representatives are doing, ignorant about the details of complex political issues, and ignorant about whether what our representative is doing is good for us or for the world.

Our ignorance means that representatives can talk a good game, and maybe even try to do a few things that benefit the majority of us, but the basic information asymmetries at the heart of the representative system ensure that, for many issues — defence manufacturing and spending, policy that affects the insurance and pharmaceutical industries, agribusiness policy and regulation, energy policy, regulation of financial services and products — what we get is what the relevant business industries want. In the presence of widespread citizen ignorance and the absence of meaningful accountability, powerful interests will effectively capture representatives, ensuring that the only viable candidates — the only people who can get and stay in political power — are those who will act in ways that are congenial to the interests of the powerful.

These concerns are brought to the fore if we think about how little we know about most of what our representatives do, how little real choice goes into the election of our representatives, and how much deference to the goodwill of our favoured political party is required. Even when we step outside partisan information streams, most issues are complex, and much of what we believe about them is a result of information provided by a few dominant media institutions. But there might be a way to overcome these difficulties, if we rethink the fundamentals of democracy itself.

One response to these problems is to go small. In a small community, collective action problems are less prevalent, and can be solved organically. We can detect and shun violators or freeloaders. And information asymmetries disappear: I know the issues and problems that affect us, as do you. We understand their complexities. They are within our daily life. If we need to use representatives for some reason, we will know them personally, as friends or neighbours. We can easily see what they do.

One difficulty with this response is that it is not obvious how to go small. We know we can make a difference by connecting to people in more direct ways: talking to people we see during our day, providing food and shelter for local families, teaching in a prison. But it can be hard to see how our political communities can be made smaller in this way. And many of us are hard-pressed for time, energy, and the resources to make these efforts.

Worse still, the going small strategy can seem inadequate when compared with the forces at hand, the foundations of the horror. We are globally connected now. We can’t roll back the technological development and population increases that threaten the planet, and make it so that my small choices and your small choices all have such large, global effects. This is where the political system is supposed to be of help, but our system is broken.

Political systems are a kind of technology, inventions of human beings to bring about things we care about: peace, prosperity, freedom. Representative democracy is old technology. It dates back to the Roman Republic. Russell Brand says don’t vote, the system is broken, and I think he’s right: we do need a new system. But it is important to stress that in saying that, one needn’t be committed to the view that everything is awful. It’s not. Modern democratic governments do many things well, even if imperfectly: food safety and quality control, traffic safety and road maintenance, regulation and enforcement of building and zoning codes, public health crisis response, air-travel regulation, antitrust and market competition regulation, hospital and health care support, energy and telecommunications regulation, civil court systems, public libraries and basic public education, police and fire protection, support for basic and applied scientific research.

It’s true that for each item I just listed, there are 20 legitimate, serious complaints that could be made about the way some particular government handles that responsibility. It’s also true that modern governments collect an extraordinary amount of money in taxes, so it should be no surprise that some things get done. Still, it would be a mistake to think that representative democracy is a disaster. It’s good, but that shouldn’t keep us from trying to make an even better system by paying attention to the ways in which it falls short.

Electoral representative democracy has undergone a great many changes since it came on the scene. We’ve seen a steady increase in constitutionalism and proportional representation. We’ve seen multi-member districts and non-geographic districting become popular, along with publicly financed campaigns in some places, and the rise of the administrative state. These changes have offered substantial improvements, but it is now time to reform the heart of the system: the election. Modern policy is too complex for there to be meaningful electoral accountability. Electoral capture is too easy and too important for powerful interests. So, what’s the alternative? Get rid of elections. Use lotteries to select political officials.

There is historical precedent for this kind of method, also referred to as ‘sortition’. There are also a number of academics who have argued for a role for lotteries in the selection of political officials, including C L R James, Oliver Dowlen, and Peter Stone. In ancient Athens, the birthplace of democracy, lottery-selection was used to choose political actors in three of its four major governmental institutions. Selection of political officials in late medieval and early renaissance Italy incorporated selection by lot. More recently, Citizens’ Assemblies (in which citizens were chosen at random to serve on the assembly, and in which citizens heard from experts prior to coming up with their own proposals) were used in the Netherlands to reform election law, and in Canada (in British Columbia and Ontario). Randomly chosen citizens were also brought into the process of constitutional reform in Iceland in 2010, but nothing of the scope that I am envisioning has been tried before.

There are hard questions about how exactly to structure a political system with lottery-selection at its heart. Here’s one approach, which I am in the process of developing, that I call lottocracy. The basic components are straightforward. First, rather than having a single, generalist legislature such as the United States Congress, the legislative function would be fulfilled by many different single-issue legislatures (each one focusing on, for example, just agriculture or health care). There might be 20 or 25 of these single-issue legislatures, perhaps borrowing existing divisions in legislative committees or administrative agencies: agriculture, commerce and consumer protection, education, energy, health and human services, housing and urban development, immigration, labour, transportation, etc.

People would not be required to serve if selected, but the financial incentive would be significant

These single-issue legislatures would be chosen by lottery from the political jurisdiction, with each single-issue legislature consisting of 300 people. Each person chosen would serve for a three-year term. Terms would be staggered so that each year 100 new people begin, and 100 people finish. All adult citizens in the political jurisdiction would be eligible to be selected. People would not be required to serve if selected, but the financial incentive would be significant, efforts would be made to accommodate family and work schedules, and the civic culture might need to be developed so that serving is seen as a significant civic duty and honour. In a normal year-long legislative session, the 300 people would develop an agenda of the legislative issue or two they would work on for that session, they’d hear from experts and stakeholders with respect to those issues, there would be opportunities for gathering community input and feedback, and they would eventually vote to enact legislation or alter existing legislation.

Single-issue focus is essential to allow greater learning and engagement with the particular problems, especially given the range of backgrounds that members would bring to the institutions, and the fact that these individuals would be amateurs at the particular task of creating legislation. Lottery-chosen representatives would have more time to learn about the problems they’re legislating than today’s typical representatives, who have to spend their time learning about every topic under the sun, while also constantly travelling, claiming credit, and raising funds to get re-elected. In the lottocratic system representatives will be — at least over a long enough run — descriptively and proportionately representative of the political community, simply because they have been chosen at random. But they will not have in mind the idea that they are to represent some particular constituency. Instead, they will be like better-informed versions of ourselves, coming from backgrounds like ours, but with the opportunity to learn and deliberate about the specific topic at hand.

No pure lottocratic system has ever existed, and so it’s important to note that much could go wrong. Randomly chosen representatives could prove to be incompetent or easily bewildered. Maybe a few people would dominate the discussions. Maybe the experts brought in to inform the policymaking would all be bought off and would convince us to buy the same corporate-sponsored policy we’re currently getting. There are hard design questions about how such a legislative system would interact with other branches of government, and questions about the coherence of policymaking, budgeting, taxation, and enforcement of policy. That said, it’s worth remembering the level of dysfunction that exists in the current system. We should be thinking about comparative improvement, not perfection, and a lottocratic system would have a number of advantages over the current model.

The most obvious advantage of lotteries is that they help to prevent corruption or undue influence in the selection of representatives. Because members are chosen at random and don’t need to run for office, there will be no way for powerful interests to influence who becomes a representative to ensure that the only viable candidates are those whose interests are congenial to their own. Because there is no need to raise funds for re-election, it should be easier to monitor representatives to ensure that they are not being bought off.

44 per cent of US Congresspersons have a net worth of more than $1 million; 82 per cent are male; 86 per cent are white, and more than half are lawyers or bankers

Another advantage of lotteries over elections is that they are likely to bring together a more cognitively diverse group of people, a group of people with a better sense of the full range of views and interests of the polity. Because individuals are chosen at random from the jurisdiction, they are much more likely to be an ideologically, demographically, and socio-economically representative sample of the people in the jurisdiction than those individuals who are capable of successfully running for office. As a point of comparison, 44 per cent of US Congresspersons have a net worth of more than $1 million; 82 per cent are male; 86 per cent are white, and more than half are lawyers or bankers. Recent empirical work by Scott Page and Lu Hong has demonstrated that cognitively diverse groups of people are likely to produce better decisions than smarter, or more skilled, groups that are cognitively homogenous.

Elections lead elected officials to focus on those problems for which they can claim credit for addressing, and to ignore or put on the back burner those problems with a longer horizon or those solutions for which it is harder to get credit. This negligence is made possible by voter ignorance and made inevitable by the perverse short-term incentives that elections provide. Lottery selection can help us to avoid this problem.

Perhaps the most urgent issue we face is climate change, a complex collective action problem that will almost certainly require a political solution to solve. But many of the worst effects of climate change won’t be realised for decades, and so politicians are unlikely to pay the short-term political cost given that they won’t see the longer-term political benefits. Even when there are clear steps that need to be taken, many elected officials will avoid acting out of fear of the immediate consequences. Individuals chosen at random won’t be hamstrung by these skewed incentives. If there is agreement on a viable solution, to climate change or to the myriad other issues that affect our children and grandchildren, lottocratic representatives will have the luxury of looking beyond this week’s poll or next week’s fund-raiser.

This task of radically redesigning government is usually dismissed as utopianism, but there is no reason to think that electoral representative democracy can’t be improved upon, just like every other kind of technology. Of course, one must be aware of limitations in the materials; we must think critically and carefully about what we know, what we have learned from psychology, economics, history, political science, law, and philosophy. And we have to be mindful of the dangers that attend our tinkering. Some of the worst horrors of the 20th century were the result of political design projects gone terribly wrong. So, we must tread carefully and take small steps. But we can’t continue to stand still.

Observation

The lottocracy

Elections are flawed and can’t be redeemed – it’s time to start choosing our representatives by lottery

Alexander Guerrero is an assistant professor of philosophy, medical ethics and health policy at the University of Pennsylvania.

The celebrity comic Russell Brand is gesticulating wildly, urgently, in a hotel room, under the bright lights of a television interview. ‘Stop voting, stop pretending, wake up. Be in reality now. Why vote? We know it’s not going to make any difference. We know that already.’ He is responding to his interviewer, Jeremy Paxman, who is taking him to task for never having voted.

In the modern world, we often find ourselves in the following situation. I know that whether I do X rather than Y won’t make a difference by itself. I also know that everyone else knows this about me and about themselves. I also know that if all of us do X, rather than Y, it will make a difference. And everyone else knows this, too. So it’s striking and surprising that a celebrity such as Brand would come out and say, to millions, ‘Don’t vote,’ rather than ‘Vote for X.’ That was the revolutionary part of the interview. A thousand lefty celebrities have gone on TV and advocated for causes. Very few have gone on TV and said ‘Don’t vote.’ Very few have gone on TV and said, essentially, X and Y can both go fuck themselves.

Brand’s view is clear: ‘I’m not [refusing to vote] out of apathy,’ he says. ‘I’m not voting out of absolute indifference and weariness and exhaustion from the lies, treachery, deceit of the political class that has been going on for generations.’ Brand says that many of us don’t engage with the current political system, because we see that it doesn’t work for us, we see that it makes no difference. ‘The apathy doesn’t come from us, the people,’ he says. ‘The apathy comes from the politicians. They are apathetic to our needs. They are only interested in servicing the needs of corporations.’

...Here’s one approach, which I am in the process of developing, that I call lottocracy. The basic components are straightforward. First, rather than having a single, generalist legislature such as the United States Congress, the legislative function would be fulfilled by many different single-issue legislatures (each one focusing on, for example, just agriculture or health care). There might be 20 or 25 of these single-issue legislatures, perhaps borrowing existing divisions in legislative committees or administrative agencies: agriculture, commerce and consumer protection, education, energy, health and human services, housing and urban development, immigration, labour, transportation, etc.

These single-issue legislatures would be chosen by lottery from the political jurisdiction, with each single-issue legislature consisting of 300 people. Each person chosen would serve for a three-year term. Terms would be staggered so that each year 100 new people begin, and 100 people finish. All adult citizens in the political jurisdiction would be eligible to be selected. People would not be required to serve if selected, but the financial incentive would be significant, efforts would be made to accommodate family and work schedules, and the civic culture might need to be developed so that serving is seen as a significant civic duty and honour. In a normal year-long legislative session, the 300 people would develop an agenda of the legislative issue or two they would work on for that session, they’d hear from experts and stakeholders with respect to those issues, there would be opportunities for gathering community input and feedback, and they would eventually vote to enact legislation or alter existing legislation.

No pure lottocratic system has ever existed, and so it’s important to note that much could go wrong. Randomly chosen representatives could prove to be incompetent or easily bewildered. Maybe a few people would dominate the discussions. Maybe the experts brought in to inform the policymaking would all be bought off and would convince us to buy the same corporate-sponsored policy we’re currently getting. There are hard design questions about how such a legislative system would interact with other branches of government, and questions about the coherence of policymaking, budgeting, taxation, and enforcement of policy. That said, it’s worth remembering the level of dysfunction that exists in the current system. We should be thinking about comparative improvement, not perfection, and a lottocratic system would have a number of advantages over the current model.

The most obvious advantage of lotteries is that they help to prevent corruption or undue influence in the selection of representatives. Because members are chosen at random and don’t need to run for office, there will be no way for powerful interests to influence who becomes a representative to ensure that the only viable candidates are those whose interests are congenial to their own. Because there is no need to raise funds for re-election, it should be easier to monitor representatives to ensure that they are not being bought off.

Another advantage of lotteries over elections is that they are likely to bring together a more cognitively diverse group of people, a group of people with a better sense of the full range of views and interests of the polity. Because individuals are chosen at random from the jurisdiction, they are much more likely to be an ideologically, demographically, and socio-economically representative sample of the people in the jurisdiction than those individuals who are capable of successfully running for office. As a point of comparison, 44 per cent of US Congresspersons have a net worth of more than $1 million; 82 per cent are male; 86 per cent are white, and more than half are lawyers or bankers. Recent empirical work by Scott Page and Lu Hong has demonstrated that cognitively diverse groups of people are likely to produce better decisions than smarter, or more skilled, groups that are cognitively homogenous.

Perhaps the most urgent issue we face is climate change, a complex collective action problem that will almost certainly require a political solution to solve. But many of the worst effects of climate change won’t be realised for decades, and so politicians are unlikely to pay the short-term political cost given that they won’t see the longer-term political benefits. Even when there are clear steps that need to be taken, many elected officials will avoid acting out of fear of the immediate consequences. Individuals chosen at random won’t be hamstrung by these skewed incentives. If there is agreement on a viable solution, to climate change or to the myriad other issues that affect our children and grandchildren, lottocratic representatives will have the luxury of looking beyond this week’s poll or next week’s fund-raiser.

This task of radically redesigning government is usually dismissed as utopianism, but there is no reason to think that electoral representative democracy can’t be improved upon, just like every other kind of technology. Of course, one must be aware of limitations in the materials; we must think critically and carefully about what we know, what we have learned from psychology, economics, history, political science, law, and philosophy. And we have to be mindful of the dangers that attend our tinkering. Some of the worst horrors of the 20th century were the result of political design projects gone terribly wrong. So, we must tread carefully and take small steps. But we can’t continue to stand still.

16.10.11

27. How to Choose

How to choose?

When your reasons are worse than useless, sometimes the most rational choice is a random stab in the dark

Michael Schulson is an American freelance writer and an associate editor at Religion Dispatches magazine, where he helps produce The Cubit, a section covering science, religion, technology, and ethics.

We could start with birds, or we could start with Greeks. Each option has advantages.
Let’s flip a coin. Heads and it’s the Greeks, tails and it’s the birds.
Tails.

In the 1970s, a young American anthropologist named Michael Dove set out for Indonesia, intending to solve an ethnographic mystery. Then a graduate student at Stanford, Dove had been reading about the Kantu’, a group of subsistence farmers who live in the tropical forests of Borneo. The Kantu’ practise the kind of shifting agriculture known to anthropologists as swidden farming, and to everyone else as slash-and-burn. Swidden farmers usually grow crops in nutrient-poor soil. They use fire to clear their fields, which they abandon at the end of each growing season.

Like other swidden farmers, the Kantu’ would establish new farming sites ever year in which to grow rice and other crops. Unlike most other swidden farmers, the Kantu’ choose where to place these fields through a ritualised form of birdwatching. They believe that certain species of bird – the Scarlet-rumped Trogon, the Rufous Piculet, and five others – are the sons-in-law of God. The appearances of these birds guide the affairs of human beings. So, in order to select a site for cultivation, a Kantu’ farmer would walk through the forest until he spotted the right combination of omen birds. And there he would clear a field and plant his crops.

Dove figured that the birds must be serving as some kind of ecological indicator. Perhaps they gravitated toward good soil, or smaller trees, or some other useful characteristic of a swidden site. After all, the Kantu’ had been using bird augury for generations, and they hadn’t starved yet. The birds, Dove assumed, had to be telling the Kantu’ something about the land. But neither he, nor any other anthropologist, had any notion of what that something was.

He followed Kantu’ augurers. He watched omen birds. He measured the size of each household’s harvest. And he became more and more confused. Kantu’ augury is so intricate, so dependent on slight alterations and is-the-bird-to-my-left-or-my-right contingencies that Dove soon found there was no discernible correlation at all between Piculets and Trogons and the success of a Kantu’ crop. The augurers he was shadowing, Dove told me, ‘looked more and more like people who were rolling dice’.

Stumped, he switched dissertation topics. But the augury nagged him. He kept thinking about it for ‘a decade or two’. And then one day he realised that he had been looking at the question the wrong way all the time. Dove had been asking whether Kantu’ augury imparted useful ecological information, as opposed to being random. But what if augury was useful precisely because it was random?

For the Kantu’, the best option was one familiar to any investor when faced with an unpredictable market: they needed to diversify

Tropical swidden agriculture is a fundamentally unpredictable enterprise. The success of a Kantu’ swidden depends on rainfall, pest outbreaks and river levels, among other factors. A patch of forest that might yield a good harvest in a rainy year could be unproductive in a drier year, or in a year when a certain pest spreads. And things such as pest outbreaks or the weather are pretty much impossible to predict weeks or months in the future, both for humans and for birds.

In the face of such uncertainty, though, the human tendency is to seek some kind of order – to come up with a systematic method for choosing a field site, and, in particular, to make decisions based on the conditions of the previous year.

Neither option is useful. Last year’s conditions have pretty much no bearing on events in the years ahead (a rainy July 2013 does not have any bearing on the wetness of July 2014). And systematic methods can be prey to all sorts of biases. If, for example, a Kantu’ farmer predicted that the water levels would be favourable one year, and so put all his fields next to the river, a single flood could wipe out his entire crop. For the Kantu’, the best option was one familiar to any investor when faced with an unpredictable market: they needed to diversify. And bird augury was an especially effective way to bring about that kind of diversification.

It makes sense that it should have taken Dove some 15 years to realise that randomness could be an asset. As moderns, we take it for granted that the best decisions stem from a process of empirical analysis and informed choice, with a clear goal in mind. That kind of decision-making, at least in theory, undergirds the ways that we choose political leaders, play the stock market, and select candidates for schools and jobs. It also shapes the way in which we critique the rituals and superstitions of others. But, as the Kantu’ illustrate, there are plenty of situations when random chance really is your best option. And those situations might be far more prevalent in our modern lives than we generally admit.

Over the millennia, cultures have expended a great deal of time, energy and ingenuity in order to introduce some element of chance into decision-making. Naskapi hunters in the Canadian province of Labrador would roast the scapula of a caribou in order to determine the direction of their next hunt, reading the cracks that formed on the surface of the bone like a map. In China, people have long sought guidance in the passages of the I Ching, using the intricate manipulation of 49 yarrow stalks to determine which section of the book they ought to consult. The Azande of central Africa, when faced with a difficult choice, would force a powdery poison down a chicken’s throat, finding the answer to their question in whether or not the chicken survived – a hard-to-predict, if not quite random, outcome. (‘I found this as satisfactory a way of running my home and affairs as any other I know of,’ wrote the British anthropologist E E Evans-Pritchard, who adopted some local customs during his time with the Azande in the 1920s).

The list goes on. It could – it does – fill books. As any blackjack dealer or tarot reader might tell you, we have a love for the flip of the card. Why shouldn’t we? Chance has some special properties. It is a swift, consistent, and (unless your chickens all die) relatively cheap decider. Devoid of any guiding mind, it is subject to neither blame nor regret. Inhuman, it can act as a blank surface on which to descry the churning of fate or the work of divine hands. Chance distributes resources and judges disputes with perfect equanimity.

The sanitising effect of augury cleans out any bad reasons

Above all, chance makes its selection without any recourse to reasons. This quality is perhaps its greatest advantage, though of course it comes at a price. Peter Stone, a political theorist at Trinity College, Dublin, and the author of The Luck of the Draw: The Role of Lotteries in Decision Making (2011), has made a career of studying the conditions under which such reasonless-ness can be, well, reasonable.

‘What lotteries are very good for is for keeping bad reasons out of decisions,’ Stone told me. ‘Lotteries guarantee that when you are choosing at random, there will be no reasons at all for one option rather than another being selected.’ He calls this the sanitising effect of lotteries – they eliminate all reasons from a decision, scrubbing away any kind of unwanted influence. As Stone acknowledges, randomness eliminates good reasons from the running as well as bad ones. He doesn’t advocate using chance indiscriminately. ‘But, sometimes,’ he argues, ‘the danger of bad reasons is bigger than the loss of the possibility of good reasons.’

For an example, let’s return to the Kantu’. Besides certain basic characteristics, when it comes to selecting a swidden site in the forest, there are no good reasons by which to choose a site. You just don’t know what the weather and pests will look like. As a result, any reasons that a Kantu’ farmer uses will either be neutral, or actively harmful. The sanitising effect of augury cleans out those bad reasons. The Kantu’ also establish fields in swampland, where the characteristics of a good site are much more predictable – where, in other words, good reasons are abundant. In the swamps, as it happens, the Kantu’ don’t use augury to make their pick.

Thinking about choice and chance in this way has applications outside rural Borneo, too. In particular, it can call into question some of the basic mechanisms of our rationalist-meritocratic-democratic system – which is why, as you might imagine, a political theorist such as Stone is so interested in randomness in the first place.

Around the same time that Michael Dove was pondering his riddle in a Kantu’ longhouse, activists and political scientists were beginning to revive the idea of filling certain political positions by lottery, a process known as sortition.

The practice has a long history. Most public officials in democratic Athens were chosen by lottery, including the nine archons who were chosen by sortition from a significant segment of the population. The nobles of Renaissance Venice used to select their head of state, the doge, through a complicated, partially randomised process. Jean-Jacques Rousseau, in The Social Contract (1762), argued that lotteries would be the norm in an ideal democracy, giving every citizen an equal chance of participating in every part of the government (Rousseau added that such ideal democracies did not exist). Sortition survives today in the process of jury selection, and it crops up from time to time in unexpected places. Ontario and British Columbia, for example, have used randomly selected panels of Canadian citizens to propose election regulations.

Advocates of sortition suggest applying that principle more broadly, to congresses and parliaments, in order to create a legislature that closely reflects the actual composition of a state’s citizenship. They are not (just to be clear) advocating that legislators randomly choose policies. Few, moreover, would suggest that non-representative positions such as the US presidency be appointed by a lottery of all citizens. The idea is not to banish reason from politics altogether. But plenty of bad reasons can influence the election process – through bribery, intimidation, and fraud; through vote-purchasing; through discrimination and prejudices of all kinds. The question is whether these bad reasons outweigh the benefits of a system in which voters pick their favourite candidates.

By way of illustration: a handful of powerful families and influential cliques dominated Renaissance Venice. The use of sortition in selection of the doge, writes the historian Robert Finlay in Politics in Renaissance Venice (1980), was a means of ‘limiting the ability of any group to impose its will without an overwhelming majority or substantial good luck’. Americans who worry about unbridled campaign-spending by a wealthy few might relate to this idea.

Or consider this. In theory, liberal democracies want legislatures that accurately reflect their citizenship. And, presumably, the qualities of a good legislator (intelligence, integrity, experience) aren’t limited to wealthy, straight, white men. The relatively homogeneous composition of our legislatures suggests that less-than-ideal reasons are playing a substantial role in the electoral process. Typically, we just look at this process and wonder how to eliminate that bias. Advocates of sortition see conditions ripe for randomness.

Once all good reasons are eliminated, the most efficient, most fair and most honest option might be chance

It’s not only politics where the threat of bad reasons, or a lack of any good reasons, makes the luck of the draw seem attractive. Take college admissions. When Columbia University accepts just 2,291 of its roughly 33,000 applicants, as it did this year, it’s hard to imagine that the process was based strictly on good reasons. ‘College admissions are already random; let’s just admit it and begin developing a more effective system,’ wrote the education policy analyst Chad Aldeman on the US daily news site Inside Higher Ed back in 2009. He went on to describe the notion of collegiate meritocracy as ‘a pretension’ and remarked: ‘A lottery might be the answer.’

The Swarthmore College professor Barry Schwartz, writing in The Atlantic in 2012, came to a similar conclusion. He proposed that, once schools have narrowed down their applicant pools to a well-qualified subset, they could just draw names. Some schools in the Netherlands already use a similar system. ‘A lottery like this won’t correct the injustice that is inherent in a pyramidal system in which not everyone can rise to the top,’ wrote Schwartz. ‘But it will reveal the injustice by highlighting the role of contingency and luck.’ Once certain standards are met, no really good reasons remain to discriminate between applicant No 2,291 (who gets into Columbia) and applicant No 2,292 (who does not). And once all good reasons are eliminated, the most efficient, most fair and most honest option might be chance.

But perhaps not the most popular one. When randomness is added to a supposedly meritocratic system, it can inspire quite a backlash. In 2004, the International Skating Union (ISU) introduced a new judging system for figure-skating competitions. Under this system – which has since been tweaked – 12 judges evaluated each skater, but only nine of those votes, selected at random, actually counted towards the final tally (the ancient Athenians judged drama competitions in a similar way). Figure skating is a notoriously corrupt sport, with judges sometimes forming blocs that support each other’s favoured skaters. In theory, a randomised process makes it harder to form such alliances. A tit-for-tat arrangement, after all, doesn’t work as well if it’s unclear whether your partners will be able to reciprocate.

But the new ISU rules did more than simply remove a temptation to collude. As statisticians pointed out, random selection will change the outcome of some events. Backing their claims with competition data, they showed how other sets of randomly selected votes would have yielded different results, actually changing the line-up of the medal podium in at least one major competition. Even once all the skaters had performed, ultimate victory depended on the luck of the draw.

There are two ways to look at this kind of situation. The first way – the path of outrage – condemns a system that seems fundamentally unfair. A second approach would be to recognise that the judging process is already subjective and always will be. Had a different panel of 12 judges been chosen for the competition, the result would have varied, too. The ISU system simply makes that subjectivity more apparent, even as it reduces the likelihood that certain obviously bad influences, such as corruption, will affect the final result.

Still, most commentators opted for righteous outrage. That isn’t surprising. The ISU system conflicts with two common modern assumptions: that it is always desirable (and usually possible) to eliminate uncertainty and chance from a situation; and that achievement is perfectly reflective of effort and talent. Sortition, college admission lotteries, and randomised judging run against the grain of both of these premises. They embrace uncertainty as a useful part of their processes, and they fail to guarantee that the better citizen or student or skater, no matter how much she drives herself to success, will be declared the winner.

Let me suggest that, in the fraught and unpredictable world in which we live, both of those ideals – total certainty and perfect reward – are delusional. That’s not to say that we shouldn’t try to increase knowledge and reward success. It’s just that, until we reach that utopia, we might want to come to terms with the reality of our situation, which is that our lives are dominated by uncertainty, biases, subjective judgments and the vagaries of chance.

In the novel The Man in the High Castle (1962), the American sci-fi maestro Philip K Dick imagines an alternative history in which Germany and Japan win the Second World War. Most of the novel’s action takes place in Japanese-occupied San Francisco, where characters, both Japanese and American, regularly use the I Ching to guide difficult decisions in their business lives and personal affairs.

Something, somewhere, is always playing dice

As an American with no family history of divination, I’ll admit to being enchanted by Dick’s vision of a sci-fi world where people yield some of their decision-making power to the movements of dried yarrow stems. There’s something liberating, maybe, in being able to acknowledge that the reasons we have are often inadequate, or downright poor. Without needing to impose any supernatural system, it’s not hard to picture a society in which chance plays a more explicit, more accepted role in the ways in which we distribute goods, determine admissions to colleges, give out jobs to equally matched applicants, pick our elected leaders, and make personal decisions in our own lives.

Such a society is not a rationalist’s nightmare. Instead, in an uncertain world where bad reasons do determine so much of what we decide, it’s a way to become more aware of what factors shape the choices we make. As Peter Stone told me, paraphrasing Immanuel Kant, ‘the first task of reason is to recognise its own limitations’. Nor is such a society more riddled with chanciness than our own. Something, somewhere, is always playing dice. The roles of coloniser and colonised, wealthy and poor, powerful and weak, victor and vanquished, are rarely as predestined as we imagine them to be.

Dick seems to have understood this. Certainly, he embraced chance in a way that few other novelists ever have. Years after he wrote The Man in the High Castle, Dick explained to an interviewer that, setting aside from planning and the novelist’s foresight, he had settled key details of the book’s plot by flipping coins and consulting the I Ching.

Observation

How to choose?

When your reasons are worse than useless, sometimes the most rational choice is a random stab in the dark

Michael Schulson is an American freelance writer and an associate editor at Religion Dispatches magazine, where he helps produce The Cubit, a section covering science, religion, technology, and ethics.

In the 1970s, a young American anthropologist named Michael Dove set out for Indonesia, intending to solve an ethnographic mystery. Then a graduate student at Stanford, Dove had been reading about the Kantu’, a group of subsistence farmers who live in the tropical forests of Borneo. The Kantu’ practise the kind of shifting agriculture known to anthropologists as swidden farming, and to everyone else as slash-and-burn. Swidden farmers usually grow crops in nutrient-poor soil. They use fire to clear their fields, which they abandon at the end of each growing season.

Like other swidden farmers, the Kantu’ would establish new farming sites ever year in which to grow rice and other crops. Unlike most other swidden farmers, the Kantu’ choose where to place these fields through a ritualised form of birdwatching. They believe that certain species of bird – the Scarlet-rumped Trogon, the Rufous Piculet, and five others – are the sons-in-law of God. The appearances of these birds guide the affairs of human beings. So, in order to select a site for cultivation, a Kantu’ farmer would walk through the forest until he spotted the right combination of omen birds. And there he would clear a field and plant his crops.

He followed Kantu’ augurers. He watched omen birds. He measured the size of each household’s harvest. And he became more and more confused. Kantu’ augury is so intricate, so dependent on slight alterations and is-the-bird-to-my-left-or-my-right contingencies that Dove soon found there was no discernible correlation at all between Piculets and Trogons and the success of a Kantu’ crop. The augurers he was shadowing, Dove told me, ‘looked more and more like people who were rolling dice’.

...chance makes its selection without any recourse to reasons. This quality is perhaps its greatest advantage, though of course it comes at a price. Peter Stone, a political theorist at Trinity College, Dublin, and the author of The Luck of the Draw: The Role of Lotteries in Decision Making (2011), has made a career of studying the conditions under which such reasonless-ness can be, well, reasonable.

‘What lotteries are very good for is for keeping bad reasons out of decisions,’ Stone told me. ‘Lotteries guarantee that when you are choosing at random, there will be no reasons at all for one option rather than another being selected.’ He calls this the sanitising effect of lotteries – they eliminate all reasons from a decision, scrubbing away any kind of unwanted influence. As Stone acknowledges, randomness eliminates good reasons from the running as well as bad ones. He doesn’t advocate using chance indiscriminately. ‘But, sometimes,’ he argues, ‘the danger of bad reasons is bigger than the loss of the possibility of good reasons.’

Thinking about choice and chance in this way has applications outside rural Borneo, too. In particular, it can call into question some of the basic mechanisms of our rationalist-meritocratic-democratic system – which is why, as you might imagine, a political theorist such as Stone is so interested in randomness in the first place.

Around the same time that Michael Dove was pondering his riddle in a Kantu’ longhouse, activists and political scientists were beginning to revive the idea of filling certain political positions by lottery, a process known as sortition.

Advocates of sortition suggest applying that principle more broadly, to congresses and parliaments, in order to create a legislature that closely reflects the actual composition of a state’s citizenship. They are not (just to be clear) advocating that legislators randomly choose policies. Few, moreover, would suggest that non-representative positions such as the US presidency be appointed by a lottery of all citizens. The idea is not to banish reason from politics altogether. But plenty of bad reasons can influence the election process – through bribery, intimidation, and fraud; through vote-purchasing; through discrimination and prejudices of all kinds. The question is whether these bad reasons outweigh the benefits of a system in which voters pick their favourite candidates.

In the novel The Man in the High Castle (1962), the American sci-fi maestro Philip K Dick imagines an alternative history in which Germany and Japan win the Second World War. Most of the novel’s action takes place in Japanese-occupied San Francisco, where characters, both Japanese and American, regularly use the I Ching to guide difficult decisions in their business lives and personal affairs.

As an American with no family history of divination, I’ll admit to being enchanted by Dick’s vision of a sci-fi world where people yield some of their decision-making power to the movements of dried yarrow stems. There’s something liberating, maybe, in being able to acknowledge that the reasons we have are often inadequate, or downright poor. Without needing to impose any supernatural system, it’s not hard to picture a society in which chance plays a more explicit, more accepted role in the ways in which we distribute goods, determine admissions to colleges, give out jobs to equally matched applicants, pick our elected leaders, and make personal decisions in our own lives.

Such a society is not a rationalist’s nightmare. Instead, in an uncertain world where bad reasons do determine so much of what we decide, it’s a way to become more aware of what factors shape the choices we make. As Peter Stone told me, paraphrasing Immanuel Kant, ‘the first task of reason is to recognise its own limitations’. Nor is such a society more riddled with chanciness than our own. Something, somewhere, is always playing dice. The roles of coloniser and colonised, wealthy and poor, powerful and weak, victor and vanquished, are rarely as predestined as we imagine them to be.

Dick seems to have understood this. Certainly, he embraced chance in a way that few other novelists ever have. Years after he wrote The Man in the High Castle, Dick explained to an interviewer that, setting aside from planning and the novelist’s foresight, he had settled key details of the book’s plot by flipping coins and consulting the I Ching.

15.10.11

27. Inquiry

27 Apr 2018

Mr Teo Chee Hean
Blk 738 Pasir Ris Drive 10
#01-21
Singapore 510738

Dear Sir,

Parliamentary Select Committee / Presidential Commission of Inquiry

1. At the closing address in Parliament on 38 Oxley Road dispute, PM said:

The accusers may not be in Parliament but that should not stop MPs from talking to them to get their story, nor would it stop the accusers from getting in touch with MPs, including opposition MPs, to tell their story so that the MPs can raise it on their behalf in Parliament. That is, in fact, how the MP system is meant to work. Those are the MP’s duties. That is one reason why Parliamentary Privilege exists. So that MPs who have heard troubling allegations or news, can make these allegations and raise the matters in the House even if they are not completely proven and may be defamatory, without fear of being sued for defamation. That is how Parliaments are supposed to function.
But none of this has happened over the last two days. No one says there is evidence of abuse of power. Even the Opposition is not accusing the Government of abuse of power. So it is not a case of oneself defend oneself. Why do we need in these circumstances, a Select Committee or COI, and drag this out for months? It would be another Korean drama full scale serial. Should we set up Select Committees to investigate every unsubstantiated allegation, every wild rumour? It is as Mr Low Thia Khiang says, “vague allegations,…based on scattered evidence centred on family displeasure”, as a basis for ordering a Select Committee or COI? That’s not a basis. But if there is evidence of wrongdoing that emerges or alleged evidence of wrongdoing which emerges, then I and the Government will consider what further steps to take. We can have a Select Committee, we can have a Commission of Inquiry, I may decide to sue for defamation or take some other legal action, but until then let’s get back to more important things that we should be working on.

2. Over the many years since 2007 that I wrote to HDB Branch Office, Meet-the-People Sessions, HDB Hub, Town Council, PSC, MOM, MND, SPF, CPIB, President, Prime Minister and, since 2009, in my blog, I basically asked for an inquiry. However, there was no reply that dealt directly with the complaint which was noise from the working of a trade from an upper floor neighbour. Noise was reduced substantially only after posting Standpoint (34) in 2012, which meant the neighbour had tormented me for five years. When I decided to sell my flat I found that estate agents were not honest and CEA did not give a reply after I officially submitted my complaint. Other instances where transactions were made difficult for me were at banks, hospital, government agencies, companies and shops. So long as I continue with the complaint, there is no end.

3. If indeed the neighbour had a) different persons worked inside their HDB flat, b) the flat changed hand after an eviction, c) the-people-in-the-flat-across-the-neighbour kept watch, d) officers on their side but insiders assisted me, then it would stand to reason such relationships can be traced with the evidence that I had provided. These included records that could prove my allegation. These evidence are in the various postings but the first post Report (1) about covers it. The other posts emanating from here are varied that include the situation I am in and extracts from books and articles to support my case.

4. Allowing the neighbour to carry on a trade in HDB flat is a crime. Not allowing refund to my CPF Account after selling my flat and setting for reduced payout in my CPF Life over two instances are outright misbehaviour. Of the first, a background check of the neighbour would have clear them if the evidence had been insubstantial. Of the second, a CPF director did not reply to the four questions as shown in CPF Life (78).

5. If these were not the case, why would the authorities not refute the evidence. And if there is truth, when will the authorities take action. There are procedure and rule of law. There are norm and reasoning. It is not that the government was unaware or had not done anything to alleviate the situation, but they were not dealing directly with the problem by prolonging the situation. 

6. Mainstream media are muted. People in powerful positions are able to keep the problem low-key without much repercussion. The post Select Committee (27) that I submitted to the Select Committee on Deliberate Online Falsehoods are on such issues.

7. At first I was asking for an inquiry from the authorities, then I was appealing to sentiment from the public, now I am asking for an investigation from Parliament. The problem could only be resolved in Parliament.

8. Please bring up the problem in Parliament.

Yours Sincerely,
hh


Observation

Parliamentary Select Committee / Presidential Commission of Inquiry

Parliamentary Select Committee / Presidential Commission of Inquiry

1. At the closing address in Parliament on 38 Oxley Road dispute, PM said:


The accusers may not be in Parliament but that should not stop MPs from talking to them to get their story, nor would it stop the accusers from getting in touch with MPs, including opposition MPs, to tell their story so that the MPs can raise it on their behalf in Parliament. That is, in fact, how the MP system is meant to work. Those are the MP’s duties. That is one reason why Parliamentary Privilege exists. So that MPs who have heard troubling allegations or news, can make these allegations and raise the matters in the House even if they are not completely proven and may be defamatory, without fear of being sued for defamation. That is how Parliaments are supposed to function.

But none of this has happened over the last two days. No one says there is evidence of abuse of power. Even the Opposition is not accusing the Government of abuse of power. So it is not a case of oneself defend oneself. Why do we need in these circumstances, a Select Committee or COI, and drag this out for months? It would be another Korean drama full scale serial. Should we set up Select Committees to investigate every unsubstantiated allegation, every wild rumour? It is as Mr Low Thia Khiang says, “vague allegations,…based on scattered evidence centred on family displeasure”, as a basis for ordering a Select Committee or COI? That’s not a basis. But if there is evidence of wrongdoing that emerges or alleged evidence of wrongdoing which emerges, then I and the Government will consider what further steps to take. We can have a Select Committee, we can have a Commission of Inquiry, I may decide to sue for defamation or take some other legal action, but until then let’s get back to more important things that we should be working on.

2. Over the many years since 2007 that I wrote to HDB Branch Office, Meet-the-People Sessions, HDB Hub, Town Council, PSC, MOM, MND, SPF, CPIB, President, Prime Minister and, since 2009, in my blog, I basically asked for an inquiry. However, there was no reply that dealt directly with the complaint which was noise from the working of a trade from an upper floor neighbour. Noise was reduced substantially only after posting Standpoint (34) in 2012, which meant the neighbour had tormented me for five years. When I decided to sell my flat I found that estate agents were not honest and CEA did not give a reply after I officially submitted my complaint. Other instances where transactions were made difficult for me were at banks, hospital, government agencies, companies and shops. So long as I continue with the complaint, there is no end.

7. At first I was asking for an inquiry from the authorities, then I was appealing to sentiment from the public, now I am asking for an investigation from Parliament. The problem could only be resolved in Parliament.

8. Please bring up the problem in Parliament.

27. Select Committee

27 Feb 2018

The Clerk of Parliament
Parliament House
1 Parliament Place
Singapore 178880


Dear Sir,

Select Committee On Fake News

1. Why the complaint in my blog is not fake news and why the Select Committee on online fake news should classify it under one of the various categories of information disseminated to the public.

2. If you look at my two blogs, you will notice that there is no comment by Singaporeans except for some initial comments by foreigners at complainproper.wordpress.com and there is none at anaudienceofthree.blogspot.com. The reason could be that they were afraid of being sued by the government or afraid of being targeted by people in government. In this regard two recent examples could be shown respectively. In the first, Mr Low Thia Khiang mentioned in Parliament the case of Tang Liang Hong who was sued for making a police report. Checking back on the news, Jeyaretnam was also sued when he referred to the police report at an election rally. In the second, the case of Amos Yee where an US immigration judge concluded there was “well-founded fear of future persecution in Singapore”.

3. Similarly, news media would only refer to the complaint indirectly. My blog listed many such instances. The complaint was collusion between a neighbour and officers to carry on a trade in HDB flat and, after reporting to the police, the neighbourhood police did not conduct a full investigation. Should not the authorities give a reply when informed of the wrongdoing? The right to silence is to prevent self-incrimination, but should it apply to authorities when we talk about rule of law for the citizenry?

4. Who would argue against freedom of publication within limits in a democracy? If news media were to publish hearsay but wrote to the authority to confirm its validity, would it be considered fake news? As fake news, action can be taken against the publisher. If the onus is for me to prove wrongdoing before the authorities will take action, then because I provided no proof I could also be hauled up for writing fake news. However, my blog is not hearsay. I back up with evidence, but the authorities would not give a reply.

5. Why has the case been in suspension and why we need the authority to give a reply. Because the mainstream media and major news media sites have been restricted, very few Singaporeans know about my blogs. Even though the complaint has been over a course of five elections and one reserved presidency and there were indirect references, it could not affect election result. If the authorities were made to give a reply, they would not very well say no public interest was involved. In these two aspects there is no transparency.

6. The Select Committee may avoid my questions. Fake news is headline news in US and Europe and the Select Committee could fine-tune what legislation they come up with. But lawmaking is peculiar to country. If my case was reported by major news media, the problem would have been resolved. As it is, officers still cause trouble. After my last posting on Sep 17 there was intention to cause trouble. When will the trouble be over? Considering that the authorities did not reply to me nor to the MPs when I asked for their assistance on issues raised, it is officers (people) on the ground who are in such strong positions that the problem is kept unresolved at my expense.

7. We say our leaders are incorruptible, our civil service is the best in the world and our society is crime-free. In each we seem to have come up short. I blog unfairness, injustice and officers continue to cause trouble. And before that, I attended Meet-the-People Sessions (MPS) and later wrote to the authorities. If you can resolve my situation, what will you do?

8. First, active online news is participation in a democracy. Second, a vibrant community with clear line of communication (responsibility) to government will prevent my case from happening. Third, the technology can be made to transform society through self-education, better governance and better people to counter fake news.

9. The definition of what constitutes fake news is elusive. Fake news attempts to mislead and the seriousness depends on its purpose and scale of operation. I hope your recommendations will bring about openness and accountability on news media sites and in government. If the Select Committee can help resolve the complaint, then there will be cause for cheer.

10. An independent regulatory authority that monitors fake news could say my blog is probably not fake. They could also determine it to be fake for whatever reason and ask for the blog to be taken down. They could work with and persuade corporations and authorities in government. Being set up to be an independent body free from the influence of corporations and government, they could publicise and protect the weak. In this way, they gain trust for the work they do. Of course they could be sued, but they are reputable. Could such an authority help in the complaint? The reasons the complaint is unresolved over a long time is in Item 2 to Item 6 above.

11. I read Ancient Chinese Thought, Modern Chinese Power Yan Xuetong, the chapter Pre-Qin Political Philosophy, on pre-Qin thinkers. It is an analysis on political strength and shifts of international power that relates virtue and legal system to success or failure of government. My blog has numerous extracts from books and articles on moral and legal reasoning.

12. Mr Charles Chong, the Chairman of the Select Committee, was the first MP I wrote to and met at MPS about my complaint in ‘08. Mr Charles Chong, Mr Janil Puthucheary and Ms Sun Xueling of the Select Committee are MPs at Punggol East, Punggol Coast and Punggol West respectively. They are part of the enlarged Group Representation Constituency (GRC) headed by Mr Teo Chee Hean whom I also wrote to and met at MPS about the complaint. After I sold my flat in Pasir Ris, I live in Punggol West.

Yours Sincerely,

hh

Observation

Select Committee On Fake News


1. Why the complaint in my blog is not fake news and why the Select Committee on online fake news should classify it under one of the various categories of information disseminated to the public.

3. Similarly, news media would only refer to the complaint indirectly. My blog listed many such instances. The complaint was collusion between a neighbour and officers to carry on a trade in HDB flat and, after reporting to the police, the neighbourhood police did not conduct a full investigation. Should not the authorities give a reply when informed of the wrongdoing? The right to silence is to prevent self-incrimination, but should it apply to authorities when we talk about rule of law for the citizenry?

6. The Select Committee may avoid my questions. Fake news is headline news in US and Europe and the Select Committee could fine-tune what legislation they come up with. But lawmaking is peculiar to country. If my case was reported by major news media, the problem would have been resolved. As it is, officers still cause trouble. After my last posting on Sep 17 there was intention to cause trouble. When will the trouble be over? Considering that the authorities did not reply to me nor to the MPs when I asked for their assistance on issues raised, it is officers (people) on the ground who are in such strong positions that the problem is kept unresolved at my expense.

10. An independent regulatory authority that monitors fake news could say my blog is probably not fake. They could also determine it to be fake for whatever reason and ask for the blog to be taken down. They could work with and persuade corporations and authorities in government. Being set up to be an independent body free from the influence of corporations and government, they could publicise and protect the weak. In this way, they gain trust for the work they do. Of course they could be sued, but they are reputable. Could such an authority help in the complaint? The reasons the complaint is unresolved over a long time is in Item 2 to Item 6 above.

27. Tradition

趙之楚《情比酒濃(五)》2016/9/30

    ***

  近代「民刑法」都有一個通則:「有法依法,無法依判例,無判例依習俗,無習俗依人情…」

  中國哲學與西方不同,不講人權,不講自由,也不談神,主調子是:基本上不外「天」與「人」,進而主張「天人合一」…

  中國的幾本《經書》談的全是「究天人之際」的事。

  《論語》是孔子門生對老師言行的紀錄,一切道理都在言行之中,是一本用言行論證哲學的書,特別重視「言行一致」的功夫,書中沒有人權、自由的字眼出現,人權、自由盡在其中。人權、自由不是誰授與誰的,而是求諸己,不是求諸人:中國經典教導炎黃子孫的是:「君子不重則不威、言忠信,行篤敬,雖蠻貊之邦行矣」的道理。

  《道德經》是老子寫的…

  《易經》是誰寫的?不知!成書年代何時?不知!只知道它是中國的第一本哲學書。這本書不是一家一人之言,而中國先民的生活經驗的累積,歷代都人補充、注釋:

  傳說是:文王被囚禁於羑里時,在牢中作《卦辭》(解說卦象),周公作《爻辭》(解說每一爻的意義),孔子作的《彖辭、象辭、文言、繫辭、說卦、序卦、雜卦》都是解說每一爻、每一卦的義理…

  《易經》基本上是集古聖先賢智慧之大成的一本談《天人合一哲學》的書。

  天人合一並不是甚麼高深的道理,說白了不過是「能近取譬」四個字。

  《易經.序辭》:「仰則觀象於天,俯則觀法於地,觀鳥獸之文與地之宜,近取諸身,遠取諸物,於是始作八卦,以通神明之德,以類萬物之情。」

  整部書圍繞著「太極、八卦」說明天地的形成,人文的變化。到了老子就直接了當的說:人法地,地法天,天法道,道法自然」。

  「天理昭彰」,一看便知,孔子站在水流湍急的河邊說:「逝者如斯,不舍畫夜。」冬天看到松柏長青時說:「歲寒然後知松柏之後凋。」這都是法地、法天的實例。

  俗話說:「人心都是肉做的」、「手心手背都是肉」、「五個手指都不一樣長」,這些「大道理」都是「近取譬於身」的,高深哲學的生活化。



趙之楚《情比酒濃(三)》2016/9/16

    ***
  老子雖然寫了一本《德道經》,談的卻不是傳統道德,甚至是反傳統道德的,應該視之為中國《禪學》的開山之作;
  孔子是一位「述而不作」,「信而好古」的學者,所以中國的傳統道德,不並是孔子發明的,而是民族習俗的累積;
  道德究竟是怎麼產生的呢?
  道德是有人類就有的東西。因為它就是「人性」中的「道心」,雖然不多,卻是「人之所以為人」的主要基因。
  生物學家說,人的DNA與猿猴的DNA有97%相同,剩下的3%可能就是人類特有的「道心」。這正是孟子說的:「人之所以異於禽獸者,幾稀」的那個稀字。
  孟子的這句話不是憑空說的,是從《尚書》:「人心唯危,道心唯微」這兩句話衍生出來。3%當然夠稀,也夠微了。
     物種進化,有「趨優、趨善」的傾向,《進化論》稱之為「優勝劣敗」,或「適者生存」。道德的產生,正是「趨優、趨善」的進化結果。不論我們對現實有多麼不滿意,今天的人類,絕對比古人在認知上更懂「人道」,在言論上更支持「人道」,在行為上更能認真的執行「人道」。這正是「趨優、趨善」演化的必然結果。所以我們稱「不道德、不禮貌」的行為是「野蠻行為」、「粗鄙行為」,或「進化不完善」的行為。
  到今天為止,我們並不確知「至善」為何物?但是人類一直遵循「適者生存」的原則,朝著「至善」的方向艱辛的「葡蔔前進」…
  雖有「人心」(物慾、權勢慾、操控慾)的種種阻撓,但是不滅的「道心」(良心),一直在鞭策著人類,向著「至善」之境,踽踽前行。
    ***
  文化不是文字,道德不是經典。是代代相傳的「生活經驗」。
  「生活經驗」是經過慢長的,「優存劣汰」過程後留下的「精髓」,被有智慧的人用嘴講出來(傳說)、用筆寫下來的記錄(經典)…
  世界上所有的文化,都是從「傳說」開始的。
  三皇五帝的功績是傳說;
  孔子言必稱堯舜,堯舜的事蹟,大都也是來自沒有文字記載的傳說。孔子自己說的:「信而好古,述而不作。」信的就是「傳說」。
  孔子常引用《詩經》,也常引用俚語,譬如:
  孔子說:「南人有言曰:『人而無恆,不可以為巫醫。』」南人之言就是俚語。五經之一的《詩經》,就是孔子之前的流行歌,被「采風官」到鄉野記錄的民歌、俚語。先流傳於民間的人民心聲,代代相傳才成了文化,才是真正的「文化」…
  孔子也常有「就事說教」的機會教育,譬如:葉公告訴孔子說:「我家鄉有一位正直的人,他的父親偷了別人羊,他出面作證。」原話是這樣的:「吾黨有直躬者,其父攘羊,而子證之。」
  孔子聽後說:「吾黨之直者異於是。父為子隱,子為父隱,直在其中矣。」
  世界現代民法、刑法都有:親屬不得互為證人的規定。
  孟子也曾引用民間傳唱的《孺子歌》:「有孺子歌曰:滄浪之水清兮,可以濯我纓;滄浪之水濁兮,可以濯我足。」以此說明「人必自侮然後人侮之」的道理。
  《尚書》是政府文告,或命令,後來也成了中國人遵行、尊敬的行為規範。甚至是哲學理論的依據:
  《尚書》說人有二心,即人心與道心。人心是利己的,道心是利人的。人做了損人利己的事,是出於「人心」,做後會產生不安感,則是出於「道心」。
  中國人常說「天理良心」,人的良心來自天理,因為人是從「自然」中演化而來的,人是「自然萬物」的一部分。人之所以成為人,就是比其他物種多了一點點兒「道心」。少了這一點道心,就是俗話說的:「喪盡天良」,一旦喪盡天良,就不再被視之為人了,被稱之為「衣冠禽獸」,甚至是說他「禽獸不如」。
  當一個人「幡然醒悟」時,我們就說他「良心發現」,這就是說,人的良心(道心)是「時隱時現」的。佛家的修道、儒家的修身,就是要常保「良心之光」不滅…
  這就是「天人合一」的《哲學》基礎。
  格物、致知是學習;誠意、正心是修身…
  好學近乎知,知恥近乎勇,力行近乎仁。悟道、傳道都簡單,成聖成賢的功夫,全在一個「行」字上。這就是「力行近乎仁」的要道。
    ***
  「你的學生,」趙之楚聽了張太極的話,舉著酒杯對張太極說:「相邀為你舉行歡迎酒會,就是『力行』尊師重道的表現,這也就是『力行近乎仁』的表現。敬你,也敬你的學生。」
  「學生看到我推著他們凌師母,一推就是14年,」張太極舉著酒杯接著說:「他們讚不絕口的誇我了不起。我對他們說:『我在美國的台灣朋友,個個都是如此…』」
  「看樣子,」一位同學說:「台灣的『去中國化』做的並不成功嘛?」
  「不論再難的事,做一天兩天容易,」謝將軍說:「難在,可貴在14年如一日…」
  「而且做的愉快…」趙之楚說。
  「這不就是你們常說的『享受犧牲』嗎?」張太極說。
  犧牲之所以能變成享受,就是有一顆「真誠的心」。張太極對待凌老師的行為之所以受人尊敬,除了有恆之外,還有真誠!從來不反駁凌老師的呵斥。
  中國文字中的「真與誠」是同意字,也常常連用:譬如「真誠」、「真心誠意」
  「張老師,您這麼說,我們是『無功受寵』了,」趙之楚說:「這不只是對張老師您的認同,這是對天理的認同,這是對中國傳統文化的認同,正因為他們心中有此『患難與共、疾病相扶持』道德的認同,才有此共識、與共鳴…」
    ***
  認同,或不認同,都是「心靈革命」;年青人對老舊的東西,包括老人,與老人常談的道德價值,都是比較「不認同」的;老人對新事物,包括年青人,與年青人的喜好,都是比較「不認同」的。這是天生的矛盾,說是「天理」也不算過分。這種矛盾不是鬥爭,而是「正反合」的進步形式…
  認同等於接受,等於讚美;不認同等於不接受,等於厭惡;
  這種現象說明甚麼?這就是「代差」,代差就是「矛盾」,或「代溝」,甚至是「衝突」。
  化解矛盾、衝突的方法就是化「不認同」為「認同」;或化「不接受」為「接受」。
  老人面對年輕人是弱勢,是劣勢;弱勢對強勢,劣勢對優勢,最好的方法是,改變自己,認同年輕一代的價值觀。這叫包容,這叫忍讓,這叫不爭。包容、忍讓、與不爭,都是美德。都是老子、與孔子教導我們的。
  說的現實一些,就是「不吃眼前虧」。
  常聽人說:「中國人就是不團結,尤其是移民海外的華人…」
  「團結」是陳腔,是舊調…是國民黨人常喊的口號,聽起來就讓人反感。
  「團結,」甚麼人常喊「團結」?在位掌權的人,或是想謀取權位,想人支持的人,總希望群眾團結、支持他,投票選舉他。
  事實上,「團結」本身就是「分化」。不是趙之楚有意唱反調,中國有56個民族,各民族過分團結,對中華民族而言,就是分化。在美國少數族裔的人過分團結,對主要族裔就是分化…
  國內親友對出國親友的期勉,總是希望他們能夠「融入社會」,或鼓勵他們「入境隨俗」。並不曾要求移居異鄉的人,團結一致的對抗本地人民,俗話說:「強龍不壓地頭蛇」…
  過分團結的少數族裔,必被主要族群視為「防範」的對象,再嚴重些就成為「敵視」的目標、進一步惡化就成了不除不安的「仇敵」。
  如果「團結」的目標是推動社區公益,那是受人歡迎與敬重的,若是為了爭取甚麼發言權、平等權,還是「忍讓」一些的好。
  華人在世界各國都能平安生活,與中國的「忍讓不爭」文化是有很大關係的,有政治野心的人,最好是回到國內去一展鴻圖,不要用「不團結」破壞華人與在地人相處的安寧…


王華容《規矩》2016/9/16

讀者可曾記得1910年的七月,北京舉辦廢科舉以來最重要的高考,被錄取的考生能公費留美嗎?當時落魄的學子紛紛趕考,而後來成為舉足輕重的國學大師,當年僅十九歲的胡適先生也是應考生。那次考試共考了十七門科目,先生臨時以極短的時間準備考試,當然不管如何的惡補,想要金榜題名絕非易事。但上天偏偏眷顧於他,因第一場國文的作文題目是《不以規矩,不能成方圓》,使他豪氣頓生決心大膽一搏。他把這篇議論文故意寫成「亂談考據的短文」,文章的開頭就對規與矩作了交代,最後才歸結到《孟子.離婁上》的這句話,與考題前後呼應。按理說,他的作文是偏題了,而且論證多有疏漏,但他卻賭贏了,因正巧碰上評分老師也有考據癖,就給了他滿分,其它的科目則考得一塌糊塗。然而,就因那篇文不對題、歪打正著的文章,竟成了救命的稻草,徹底改變了先生往後的命運。

時至今日,如適之先生得滿分的作文,對現代年輕人而言已成為老八股,倒是網路眾多似是而非的文章,才會受到熱情的青睞,我就困惑了,究竟哪一種文態才更接近我們教育的初衷呢?今天我就以孟子的話簡單來談談吧!您我都知道規與矩是畫圓畫方的工具,如果不用它們怎能畫好方圓呢?就比喻為人處事必須遵循規矩,否則各行其是不就亂了套嗎?當然有了規矩,自然就有人呼喚自由的聲音,其實兩者並不矛盾,因自由仍是以規矩為前提,您不覺得美國就是最追求自由的國家,但紀律也是最嚴格的嗎?我來說一則笑話:「一對男女逛街,男生看到紅燈就硬闖,女生嚇的連說紅燈都敢闖,還有啥事不敢做呢?就拜了。他另交一位女生,遇到紅燈就學乖了的等,但她心想連紅燈都不敢闖,還有啥出息呢? 」這倒不稀奇,因我們的身旁就常見沒規沒矩的男女,還新創另一種叫做潛規則的規矩。

當然,如今社會的規矩常用在有品德人的身上,但看在某些人的眼裡人是靈活的,如果能按照潛規則辦事就是能人。我還聽過另一句妙語叫做「與政策賽跑」,當人們的行為已踩到黃線時,不但不去規範自己的行為,反而習慣的去找關係通融,還用金錢擺平,更利用高官的權力放行。而另一位執法的大爺,如果學會了特事特辦與法外施恩之手段,就被認為識時務之幹才,而真正講究原則的官員,反而被譏評迂腐沒魄力,這是什麼跟什麼啊!於是,在某些人的眼裡,法律是有彈性的,國法是可以隨意調整的,至於有沒有規矩誰在乎呢!我就請您回想咱們歷史中的項羽,就因力大無窮能扛鼎而勇冠三軍,但過分的自大自刎於烏江。再看越國大夫范蠡深知謙和的重要性,滅吳之後不邀功請賞,而告老還鄉得以安享餘年。可見人們在張揚自己的習性時,一定要學會自我約束,更要懂得規矩才能雙贏哦!

自初中起,我常聽長輩談起民國眾家英雄的史實,因而愛讀家中的《傳記文學》,常徜徉在名將的經歷中。其中,我記得一位特立獨行的大軍閥馮玉祥將軍,他也是世界最大私人軍隊的主人。他曾是世界著名《時代》雜誌的封面人物,雜誌以簡潔的開場白:「中國的基督教戰士,變烏合之眾成為規矩之軍。」他個頭魁梧古銅色的膚色是位虔誠的基督徒,曾命令部隊讀聖經與唱聖歌,並遵循牧師的告誡而自省,在軍閥混戰年代,他另類的做法當然引人側目了。至於倒戈將軍的名號,就因他一生時常背主倒戈換主,有人將其字「煥章」改為「換章」,意即打麻將中換牌之意,以笑談其經常倒戈的行為。姑且不論他歷史的功與過,但強人帶兵的軼事多到讓我折服。當年,他擔任陝西督軍時接見兩位洋客,他先請客人坐下再議事,但洋客急忙先打開旅行袋,拿出牛肉送給將軍,他就問從哪得來的牛肉?

洋客就回答是在終南山打獵時,難得打到凶悍的野牛,就孝敬將軍了。沒想到,他皺起眉頭問打獵有沒有經過申請?洋客尷尬的解釋,因打的是沒有主人的野牛,沒想到需要申請這碼子的事。將軍沉下臉說終南山是我國的領土,就要遵守當地的規矩,野牛既然是歸我國所有,怎能說沒有主人呢?就認定行為犯法,洋客自知理屈詞窮而道歉了。不過,咱們中國五千年的歷史,嚴守紀律的大有人在,就如岳家軍之所以能戰無不勝,靠的就是軍紀嚴明。有一次岳雲違抗軍令私自帶兵出戰,差點全軍覆沒,岳飛在盛怒之下對兒子要處極刑,經眾將勸解後才免除死罪,但活罪難逃。三國的曹操之所以強大,也因嚴格的軍紀,規定部隊不能擾民,戰馬不能踏入良田,違者處死。有一次,他出征因座騎意外的踩倒麥田,他準備自裁,經眾將士的哀求,他以割髮代替死罪,可見曹操也認定沒有規矩就成不了方圓。

巧匠名師如果沒有好的工具,一身的才華就全藏在箱底了。因此,在規矩的面前:「不以事小而不為,不以事雜而亂為,不以事急而盲為,不以事難而怕為。 」此刻,我想提到曾參訪過的哈佛大學,校園有座全美四大著名雕像之一,哈佛先生(John Harvard)的銅像,老美說:「先有哈佛,後有美國。」可見他是多麼的了不起。尤其,校園流傳著一段故事,哈佛先生是牧師也是大學創始人,校方曾將他捐贈的圖書珍藏在圖書館內,規定學生只能在館內閱讀,不准帶出。一天夜裡,一場大火燒毀了所有的書籍,之前正好有位學生將一本書偷偷帶出在宿舍閱讀,當他得知大火消息後,意識到那本書是僅存碩果時,毫不猶豫就把書交還校方。校長感謝他的誠實卻下令開除,理由是他違反了校規!校長誠摯的說:「哈佛的理念就是讓校規看守學校,遠比讓道德看守哈佛更有效,因制度第一就是校方的行事態度。」


Observation

The argument for ethics in the second article is similar to Alasdair MacIntyre’s After Virtue quoted in Quote (20) and Behaviour (23), and to Julian Baggini’s Complaint under Committee (27). Written in Chinese, the writer also wrote Enlightenment (25).


The third article, also in Chinese, is on the importance of following rules.