Listening to the people who think we are wrong


Larry Kramer at the Hewlett Foundation: “Among the most corrosive developments of recent years—one that predates the election of Donald Trump—has been a breakdown in our ability to debate and reason with others with whom we disagree. The term du jour, “tribalism,” replaced the earlier “polarization” precisely to capture the added ingredient of animosity that has made even conversation across partisan divides difficult. Mistrust and hostility have been grafted onto disagreement about ideas.

Political scientists differ about how widespread the phenomenon is—some seeing it shared broadly across American society, while others believe it confined to activist elites. I lean toward the latter view, though the disease seems to be spreading awfully fast. The difference hardly matters, because activists drive and shape public debates. And, either way, the resulting take-no-prisoners politics threatens the future of democratic government, which presupposes disagreement and depends on willingness to work through and across differences from a sense of shared community....

Learning to listen with empathy matters for a number of reasons. An advocate needs to see an opponent’s argument in its strongest light, not only to counter the position effectively, but also to fully understand his or her own position—its weaknesses as well as its strengths—and so be properly prepared to defend it. Nor is this the only reason, because adversarial advocacy is only part of what lawyers do. Most legal work involves bargaining among conflicting interests and finding ways to settle disputes. Good lawyers know how to negotiate and cooperate; they know (in the phrase made famous by Roger Fisher and William Ury) how to “get to yes”—something made vastly easier if one fully and fairly comprehends both sides of an issue. There is a reason lawyers have historically constituted such a disproportionate share of our legislators and executives, and it’s not because they know how to argue. It is because they know how to find common ground.

Not that compromising is always the right thing to do. Without doubt, there are matters of principle too important to relinquish, and instances in which an adversary is too inflexible or too extreme to accommodate. In today’s public discourse, moreover, outright fabrication has become, if not quite acceptable, increasingly common. But one cannot know if or when these are the case unless and until one has examined the other side’s position honestly and confronted the weaknesses in one’s own position fearlessly…

Three techniques in particular pervade the practice of paying heed to an opposing argument without condescending to meet it:

  • First, there is the “straw man” method—a tried and true practice that involves taking the weakest or most extreme or least plausible argument in favor of a position and acting as if it were the only argument for that position; a variation of this method takes the most extreme and unattractive advocates for a position and treats them as typical.
  • Second is the practice of attributing bad motives to one’s opponents. Those employing this approach assume that people who take a contrary position know in their hearts that they are wrong and make the arguments they do for some inappropriate reason, such as racism or self-interest, that makes it easy to ignore what they have to say.
  • Third, a relatively new entrant, is what might be called the identity excuse: “We don’t need to listen to them because they are [blank].” Then fill in the blank with whatever identity you think warrants dismissal: a white male, a Black Lives Matter supporter, a Trump voter, a Democrat, the oil industry, a union, someone who received money for their work, and so on….(More)”.

Participation 2.0? Crowdsourcing Participatory Development @ DFID


Paper by Anke Schwittay, Paul Braund: “Through an empirical analysis of Amplify, a crowdsourcing platform funded by the UK’s Department for International Development (DFID), we examine the potential of ICTs to afford more participatory development. Especially interactive Web2.0 technologies are often assumed to enable the participation of marginalized groups in their development, through allowing them to modify content and generate their own communication. 

We use the concepts of platform politics and voice to show that while Amplify managers and designers invested time and resources to include the voices of Amplify beneficiaries on the platform and elicit their feedback on projects supported via the platform, no meaningful participation took place. Our analysis of the gaps between participatory rhetoric, policy and practice concludes with suggestions for how ICTs could be harnessed to contribute to meaningful participatory development that matters materially and politically.,,,(More)”

The Future of Civic Engagement


Report by Hollie Russon Gilman: “The 2018 mid-term voter turnout was the highest in 50 years. While vital, voting can’t sustain civic engagement in the long term. So, how do we channel near-term activism into long-term civic engagement?  In her essay, Gilman paints a picture of how new institutional structures, enabled by new technologies, could lead to a new “civic layer” in society that results in “a more responsive, participatory, collaborative, and adaptive future for civic engagement in governance decision making.”

Creating a New “Civic Layer.” The longer-term future presents an opportunity to set up institutionalized structures for engagement across local, state, and federal levels of government—creating a “civic layer.” Its precise form will evolve, but the basic concept is to establish a centralized interface within a com- munity to engage residents in governance decision making that interweaves digital and in-person engagement. People will earn “civic points” for engagement across a variety of activities—including every time they sign a petition, report a pot hole, or volunteer in their local community.

While creating a civic layer will require new institutional approaches, emerging technologies such as the Internet of Things (IoT), artificial intelligence (AI), and distributed ledger (e.g., blockchain) will also play a critical enabling role. These technologies will allow new institutional models to expand the concept of citizen coproduction of services in building a more responsive, connected, and engaged citizenry.

The following examples show different collaborative governance and technology components that will comprise the civic layer.  Each could be expanded and become interwoven into the fabric of civic life.

Use Collaborative Policymaking Models to Build a Civic Layer.  While we currently think of elections as a primary mode of citizen engagement with government, in the medium- to long-range future we could see collaborative policy models that become the de facto way people engage to supplement elections. Several of these engagement models are on the local level. However, with the formation of a civic layer these forms of engagement could become integrated into a federated structure enabling more scale, scope, and impact. Following are two promising models.

  • Participatory Budgeting can be broadly defined as the participation of citizens in the decision-making process of how to allocate their community’s budget among different priorities and in the monitoring of public spending. The process first came to the United States in 2009 through the work of the nonprofit Participatory Budgeting Project. Unlike traditional budget consultations held by some governments—which often amount to “selective listening” exercises—with participatory budgeting, citizens have an actual say in how a portion of a government’s investment budget is spent, with more money often allocated to poorer communities. Experts estimate that up to 2,500 local governments around the world have implemented participatory budgeting,
  • Citizens’Jury is another promising collaborative policymaking engagement model, pioneered in the 1980s and currently advocated by the nonprofit Jefferson Center in Minnesota. Three counties in rural Minnesota use this method as a foundation for Rural Climate Dialogues—regular gatherings where local residents hear from rural experts, work directly with their neighbors to design actionable community and policy recommendations, and share their feedback with public officials at a statewide meeting of rural Minnesota citizens, state agency representatives, and nonprofit organizations….(More)”.

Democracy From Above? The Unfulfilled Promise of Nationally Mandated Participatory Reforms


Book by Stephanie L. McNulty: “People are increasingly unhappy with their governments in democracies around the world. In countries as diverse as India, Ecuador, and Uganda, governments are responding to frustrations by mandating greater citizen participation at the local and state level. Officials embrace participatory reforms, believing that citizen councils and committees lead to improved accountability and more informed communities. Yet there’s been little research on the efficacy of these efforts to improve democracy, despite an explosion in their popularity since the mid-1980s.Democracy from Above? tests the hypothesis that top-down reforms strengthen democracies and evaluates the conditions that affect their success.

Stephanie L. McNulty addresses the global context of participatory reforms in developing nations. She observes and interprets what happens after greater citizen involvement is mandated in seventeen countries, with close case studies of Guatemala, Bolivia, and Peru. The first cross-national comparison on this issue,Democracy from Above? explores whether the reforms effectively redress the persistent problems of discrimination, elite capture, clientelism, and corruption in the countries that adopt them. As officials and reformers around the world and at every level of government look to strengthen citizen involvement and confidence in the political process, McNulty provides a clear understanding of the possibilities and limitations of nationally mandated participatory reforms…(More)”.

A systematic review of the public administration literature to identify how to increase public engagement and participation with local governance


Paper by Josephine Gatti Schafer: “A systematic review of the public administration literature on public engagement and participation is conducted with the expressed intent to develop an actionable evidence base for public managers. Over 900 articles, in nine peer‐reviewed public administration journals are screened on the topic. The evidence from 40 articles is classified, summarized, and applied to inform the managerial practice of activating and recruiting the participation of the public in the affairs of local governance. The review also provides brief explanation on how systematic reviews can fill a need in governance from the evidence‐based management perspective….(More)”.

The Social Fact: News and Knowledge in a Networked World


Book by John Wihbey: “While the public believes that journalism remains crucial for democracy, there is a general sense that the news media are performing this role poorly. In The Social Fact, John Wihbey makes the case that journalism can better serve democracy by focusing on ways of fostering social connection. Wihbey explores how the structure of news, information, and knowledge and their flow through society are changing, and he considers ways in which news media can demonstrate the highest possible societal value in the context of these changes.

Wihbey examines network science as well as the interplay between information and communications technologies (ICTs) and the structure of knowledge in society. He discusses the underlying patterns that characterize our increasingly networked world of information—with its viral phenomena and whiplash-inducing trends, its extremes and surprises. How can the traditional media world be reconciled with the world of social, peer-to-peer platforms, crowdsourcing, and user-generated content? Wihbey outlines a synthesis for news producers and advocates innovation in approach, form, and purpose. The Social Fact provides a valuable framework for doing audience-engaged media work of many kinds in our networked, hybrid media environment. It will be of interest to all those concerned about the future of news and public affairs….(More)”.

Are We Game for Gamification? Potential and Limits of Game-Design Elements to Foster Civic Engagement and Encourage Participation


Paper by Gianluca Sgueo: “Together with robotics, artificial intelligence, biometrics and data, (serious-) games fall within the technological paradigm that is evolving the administration of public entities. The use of game-design elements beyond mere entertainment is not entirely a new approach to problem solving. Business actors have long-incorporated game-design elements – such as badges, points, levels, rankings, prize challenges, and virtual currencies – into their marketing and communications strategies. However this phenomenon has progressed dramatically in recent years, with the public sector at the forefront of experiments with ‘gamification’. To public regulators, the gamification of governance seems promising on three fronts. First, it encourages innovative, and cost-saving, approaches to regulatory challenges. Second, it presents an opportunity to nurture the trust of citizens, and thus enhance perceptions of legitimacy. Third, it creates new incentives to promote civic engagement and foster participation. What was once simplistically labelled as ‘play’ could become a primary form of interaction with public regulators. After all, who wouldn’t want to have an opportunity to impact on public choices, and do so in a non-boring, novel and dynamic, way?

The gamification of governance – claims this paper – shows great potential to foster civic engagement and encourage participation in policy-making. The data around the general publics’ response and perception to game-design incentives are encouraging. Yet – argues this paper – gamification is not without risks. Various challenges are posed by gamified policy-making, particularly with regards to security and inclusiveness (i.e. do gamified policies conform to recognized security and privacy standards? Are they sufficiently inclusive?). Additionally, concerns surround the quality of public’s response to gamified incentives (i.e. is gamification merely encouraging low-risk/low-cost engagement, or does it genuinely drive public participation, both online and offline?). Questions have also been raised about the longevity and duration of engagement – are game-design elements fostering long-term, durable, civic engagement, or do they merely encourage one-time, occasional, participation? This paper develops around five concepts that are key to understanding the link between gamification with civic engagement and public sector’s innovation. The first is “Reputation”, followed by “Automation” and “Structure”. The fourth and fifth consist of “Nudging” and “Crowdsourcing”, respectively. Alongside the analysis of these concepts, and their respective interplay, the paper provides an empirical account of efforts to ‘gamify’ public policies, at both national and supranational levels; it illustrates the outcomes that public regulators expect from efforts with gamification; and it considers the weaknesses, both practical and theoretical, related to the use of game-design elements to encourage participation….(More)”.

Cities, Government, Law, and Civil Society


Paper by Heidi Li Feldman: “For too long, legal commentators have developed accounts of law, governments and civil society, and rights to access that society, from a national-federal perspective. As Americans increasingly live in cities, it is time for legal theorists to concentrate on municipalities as the locus of civil society. From an American national-federal perspective, government and law play primarily a remedial role with regard to civil society, stepping in only to resolve great inequities, usually by creating legally recognized civil rights and enforcing them. Civil society and civil rights, however, exceed this cramped national-federal window on it. Throughout the United States today, civil society is a multi-faceted arena for social coordination and social cooperation, for consonant and collective action of many different kinds. The only reason civil rights and the legal protection of them matters is because participation in civil society is makes it possible for individuals to engage in all manner of activities that are useful, enjoyable, and worthwhile. In other words, the significance of civil rights follows from the existence of a civil society worth participating in. To the extent that government can and does make civil society viable and valuable, it is an integral part of civil society. That feature gets lost in a remedial account of the relationship between government, law, and civil society. 

Perhaps the role of cities in civil society has been neglected by the legal academy because cities are not sovereigns. Sovereignty has often been the issue that provokes theoretical attention to government and its role in civil life. At the heart of the federal-national account of civil society and government is the potential threat the sovereign poses to other actors in civil society. But there is no necessary connection between concentrating on the nature and workings of sovereignty and considering the role for government and law in civil society. And when a government is not a sovereign, its ability to threaten is inherently constrained. That is what examining cities, non-sovereign governments embedded in a web of other governments, shows us. 

When we turn our attention to cities, a very different role for government and law emerges. Cities often exemplify how government and law can enable civil society and all those encompassed by it. They show how government can promote and amplify collective action, not only at the local level but even at the international one. In the United States today, governments can and do provide resources for consonant and collective action even in nongovernmental settings. Governments also coordinate and cooperate alongside fellow actors such as citizen activist groups, small and large businesses, labor unions, universities and colleges, and other nongovernmental organizations. This is particularly apparent at the local level. By delving into local government, we gain a distinctive perspective on the intersection of government and law, on one hand, and civil society, on the other — on what that intersection does, can, and should be like. This paper develops a first iteration of a locality centered account of civil society and the role for government and law within it. I examine a particular municipality, the City of Pittsburgh, to provide a concrete example from which to generate ideas and judgements about the terrain and content of this localist account….(More)”.

Distributed, privacy-enhancing technologies in the 2017 Catalan referendum on independence: New tactics and models of participatory democracy


M. Poblet at First Monday: “This paper examines new civic engagement practices unfolding during the 2017 referendum on independence in Catalonia. These practices constitute one of the first signs of some emerging trends in the use of the Internet for civic and political action: the adoption of horizontal, distributed, and privacy-enhancing technologies that rely on P2P networks and advanced cryptographic tools. In this regard, the case of the 2017 Catalan referendum, framed within conflicting political dynamics, can be considered a first-of-its kind in participatory democracy. The case also offers an opportunity to reflect on an interesting paradox that twenty-first century activism will face: the more it will rely on private-friendly, secured, and encrypted networks, the more open, inclusive, ethical, and transparent it will need to be….(More)”.

Harnessing Digital Tools to Revitalize European Democracy


Article by Elisa Lironi: “…Information and communication technology (ICT) can be used to implement more participatory mechanisms and foster democratic processes. Often referred to as e-democracy, there is a large range of very different possibilities for online engagement, including e-initiatives, e-consultations, crowdsourcing, participatory budgeting, and e-voting. Many European countries have started exploring ICT’s potential to reach more citizens at a lower cost and to tap into the so-called wisdom of the crowd, as governments attempt to earn citizens’ trust and revitalize European democracy by developing more responsive, transparent, and participatory decisionmaking processes.

For instance, when Anne Hidalgo was elected mayor of Paris in May 2014, one of her priorities was to make the city more collaborative by allowing Parisians to propose policy and develop projects together. In order to build a stronger relationship with the citizens, she immediately started to implement a citywide participatory budgeting project for the whole of Paris, including all types of policy issues. It started as a small pilot, with the city of Paris putting forward fifteen projects that could be funded with up to about 20 million euros and letting citizens vote on which projects to invest in, via ballot box or online. Parisians and local authorities deemed this experiment successful, so Hidalgo decided it was worth taking further, with more ideas and a bigger pot of money. Within two years, the level of participation grew significantly—from 40,000 voters in 2014 to 92,809 in 2016, representing 5 percent of the total urban population. Today, Paris Budget Participatif is an official platform that lets Parisians decide how to spend 5 percent of the investment budget from 2014 to 2020, amounting to around 500 million euros. In addition, the mayor also introduced two e-democracy platforms—Paris Petitions, for e-petitions, and Idée Paris, for e-consultations. Citizens in the French capital now have multiple channels to express their opinions and contribute to the development of their city.

In Latvia, civil society has played a significant role in changing how legislative procedures are organized. ManaBalss (My Voice) is a grassroots NGO that creates tools for better civic participation in decisionmaking processes. Its online platform, ManaBalss.lv, is a public e-participation website that lets Latvian citizens propose, submit, and sign legislative initiatives to improve policies at both the national and municipal level. …

In Finland, the government itself introduced an element of direct democracy into the Finnish political system, through the 2012 Citizens’ Initiative Act (CI-Act) that allows citizens to submit initiatives to the parliament. …

Other civic tech NGOs across Europe have been developing and experimenting with a variety of digital tools to reinvigorate democracy. These include initiatives like Science For You (SCiFY) in Greece, Netwerk Democratie in the Netherlands, and the Citizens Foundation in Iceland, which got its start when citizens were asked to crowdsource their constitution in 2010.

Outside of civil society, several private tech companies are developing digital platforms for democratic participation, mainly at the local government level. One example is the Belgian start-up CitizenLab, an online participation platform that has been used by more than seventy-five municipalities around the world. The young founders of CitizenLab have used technology to innovate the democratic process by listening to what politicians need and including a variety of functions, such as crowdsourcing mechanisms, consultation processes, and participatory budgeting. Numerous other European civic tech companies have been working on similar concepts—Cap Collectif in France, Delib in the UK, and Discuto in Austria, to name just a few. Many of these digital tools have proven useful to elected local or national representatives….

While these initiatives are making a real impact on the quality of European democracy, most of the EU’s formal policy focus is on constraining the power of the tech giants rather than positively aiding digital participation….(More)”