Tag Archives: majority vote

Using Majority Vote to Create Autocracies

The state of American politics under Donald Trump and his privy Councillor Stephen “Steve” Bannon is a perfect example of using majority vote to create autocracies. Majority vote lends itself to being  divisive. The decisions are always made with yes or no answers. A bill is voted up or down. There are no other options. And once a group is divided into yes’s and no’s, people begin to manipulate others to form a majority so they can win.

Decisions by majority vote allow  and enable manipulation of outcomes with no reference to the quality of the decision. Majority vote has no required test of truth.

Once won, the fact of winning becomes validation. The test of truth is only winning.

The Bizarre Election  of Donald Trump

The nation-wide depression that followed Trump’s election was palpable in public and private spaces. The shock has resulted in a long winter, even though we have had little snow and temperatures in the 70’s sometimes.

 

Arial view of the Women's March on Washington

 

The malaise and despair lifted temporarily with the images of demonstrations against Trump around the world. The ones around the world in small towns as well as large, were very helpful. The resistance continues with pink hats as its rallying symbol. And there are three more national marches on Washington planned for April and May for climate change, science, and immigration.

I’ve knitted 19 hats for the PussyHat Project and have orders for 4 more. When a woman ordered 25 miniature PussyHat pins on very short notice as gifts for her trip to China, several knitters stepped up and met the three-day deadline. I’ve almost finished a Brain Hat for the March for Science on Earth Day on April 22nd. Knitting groups are beginning all over the nation and pink yarn is frequently sold out online as well as in shops. Some of the brain hats have pink ears.  My Brain Hat wearer objects to pink brains. She’s a scientist.

Between trying to find pink yarn and knitting and watching Perry Mason reruns, I’ve been trying to think of something to follow my post pointing out the similarities between Trump and Hitler.

Unfortunately, the similarity to Hitler continues, not only in his rhetoric but in his outrageous and lawful edicts. All information on government websites that contradicts his views have been summarily withdrawn, including statistics on things like climate and banned school lunch ingredients.

The fear of Trumps autocratic proclamations returns as his election promises are implemented with previously unknown speed.  The ignorant race in where experts fear to go.

How did we get here?

In fact, Donald Trump did not win the popular vote. Hillary Clinton won that by almost 3 million votes. But in our presidential elections we have what was meant to be a protection against the manipulations of ringmasters, more accurately bullshitters (vulgar but accurate). Even in office, in front of the whole world, Trump continues to rant the characteristic bullshitter’s  brand of nonsense, lies, and exaggerations. He repeats them over and over.

It is traditionally the ringmaster’s job to use hyperbole whenever possible while introducing the acts to enhance the expectations of the audience. Declarations of the “biggest,” “most dangerous,” “amazing,” “spectacular,” and similar expressions are common. [As in bigly common.)

There are many newspapers and websites now tracking Trump’s falsehoods and “alternative facts” as one of his advisors, Kellyanne Conway, calls them. One of the most comprehensive is Politifact.

Majority Vote and Sociocracy

Sociocratic principles allow any group of decision-makers to use majority vote if all its members consent to do so. Consent as a decision-making method requires that the deciders be able and willing to sit together to work out a solution that works for everyone, not just the majority. Obviously this is not possible in national elections, or even local elections.

The United States had a population of approximately 2.5 million In 1789. Though most could read and write, many eligible voters had no formal education, spoke different languages, and had just escaped autocratic monarchies. Did the people have the capacity to elect good leaders?

Communications from one state to the other was still slow and unreliable.  Would the voters have enough information to accurately judge one candidate against another?

Majority vote was untested  in national elections. The framers knew they were on shaky ground. What protection did the nation have if this didn’t work?

It All Began With a Rational Process

The Constitutional Convention, representatives from each of the 13 states feared the election of a huckster or ringmaster who could charm but never lead. To prevent this, they created a system of electors from each state who would convene as an Electoral College to actually make the final decision in the election of the President. Similar to colleagues in a university, electors would debate the merits of the presidential candidates and cast votes according to the debate as well as their state’s popular vote. They were not required to follow the popular vote but to make a decision based on the deliberations of the Electoral College.

This is markedly similar to a sociocratic circle process and was no doubt influenced by the strong Quaker presence in Philadelphia where the Convention was held.

After discussion and debate, during which the views and votes of each state would be presented, Electors would cast votes that represented the best interests of the people who elected them and of the country. Electors were never meant to simply reflect the number of votes cast for the winning candidate in their state. They were not meant to be a rubber stamp. They were supposed to be a corrective force, when necessary,  or a double confirmation.

Unfortunately, the electors no longer meet as a college to debate and decide. They simply phone in their votes. In many states they are elected by state law to vote for the majority candidate, but not in all. Majority vote, not reasoning, rules the process.

Hillary Clinton would have been elected if less than 4% of the electors had voted for her instead of Donald Trump. Obviously, it didn’t happen.

After the election, the unprecedented caustic and oppositional tone of the election was unleashed on electors. Electors were heavily lobbied, threatened, and offered favors. Trump promised a visit to Mar-a-Lago, his 20-acre majestic estate and exclusive golf club in Palm Beach.

Pennsylvania elector Ash Khare said, “I received over 70,000 emails. I received over 5,000 letters. I received over 500 phone calls at all times of day and night.”  NPR

Some electors followed the party line because they were afraid of rabid Trump supporters. Others because they truly believed Trump would be a new and corrective force in American politics. They wanted to shake things up. But most followed what they considered to be the law.

How Majority Vote Influenced the Election

Another factor beside state law and party politics influenced the election. Electors are chosen from geographic  jurisdictions drawn by local political parties. The dominant political party in a geographic area heavily influences that process. The majority draws the jurisdictions to favor themselves, thus jurisdictions are drawn with a bias. They are used to create artificial majorities.

That is how Trump was elected president and lost the popular vote. Trump courted his own ideological base and electors. It was the focus on electors, not “the people,” that resulted in his election.

If the Electors had accurately reflected the actual vote, Hillary Clinton would have won the election and America would have what many authorities have said would be the most qualified president in over 100 years.

Our endorsement is rooted in respect for her intellect, experience and courage. — New York Times

Majority Vote Compounds Itself

Majority vote creates a hierarchy of power with each level fed by the majority at the lower level. The power of the majority is compounded as the majority vote creates another majority at a higher level. The ultimate level claims the  power of the majority as validation for their decisions.  As Trump states frequently, “I won. I’m the president. I decide. If I do it, it’s legal.” He really believes that.

This is how majority vote can be used to create an autocracy. We’ve been using majority vote for centuries now, and usually the majority has some restrains. It has elected good presidents and some of questionable ability. Some with just wrong-headed views.

Allegiance to a political party has come to dominant the ability to be elected, and re-elected. Party affiliation is now more determinative of government decisions than information or wisdom. Parties are built using majority vote with the narrowness of the views of the majority increasing with elections at each level. Trump is a Republican because affiliating with that party was his best chance of winning.

A person like Trump feels no need to convince or even cajole all the people. He has claimed the majority as equal to the whole so  that’s all he thinks he  needs to do. He may learn differently but so far the prospect doesn’t look hopeful. He has too much autocratic control.

Donald Trump, Bullshit Artist, and Sociocracy

Could sociocracy have corrected democracy to prevent the election of Donald Trump, bullshit artist and astoundingly unqualified candidate, as the Republican nominee for President of the United States?
Donald Trump
Americans abroad are pelted with questions about Donald Trump. Is he real? How did he get nominated in a democratic process? Is he evidence of the US abandoning support for equality and freedom around the world? If not, why did 13,681,972 people vote for him?

As the result of a democratic process, the Donald Trump nomination has negative consequences far greater than in the United States. People around the world are fearful and in horror.

Was the process really democratic?

Compared to the democratic process in other countries and in history, yes it was. Despite allegations of “the establishment” trying to control the election, in fact, the establishment would have done a better job if they had. In the Republican Party’s nominating process, each person’s vote was respected equally in every state. Except in the few small populations that use a caucus process, each person was allowed to vote privately, without intimidation. Each candidate was allowed to present their case without fear of reprisal. Each voter had the same access to the same information as other voters.

From a field of 12 candidates who received enough votes to be considered formal contenders, the voters overwhelmingly elected the least qualified to be president. He is also the person most likely to cause harm not only to the internal governance If the US but to its relationships with every other country in the world.

Could this have happened with even a partial adherence to sociocratic principles? We would like to think not, but how?

Transparency, Inclusiveness, and Accountability

The principles of sociocracy are based on the values of transparency, inclusiveness, and accountability. They require decisions to be made with the consent of all they affect, not just the majority. In a national election, of course, consent would be an unrealistic expectation. No one has the amount of time it would take to resolve a national election by that standard. In general, a majority rule is not the best decision-making method, but it is the one that everyone consented to use. Perhaps it is the only possible one in an election involving hundreds of thousands of participants.

Sociocracy requires the organization of decision-makers into decision-making groups, or circles,  that self-organize to produce a decision. Balanced authority linking these circles, for example, between the local Republican parties and the national Republican Party. Neither can dominate the other.

All these conditions were met in this election and to a greater extent than in previous elections of this size. Approximately 42% of the US population of 320 million people are Republicans and could have voted. Registration, although not as transparent as it could be, was open to all Republicans.

There was open discussion between Republicans and Democrats about the pros and cons of each candidate and opportunities for each candidate to respond. Candidates were essentially given equal time in the media. Both candidates and voters could find a forum for expressing their ideas.  Local and national newspapers allowed comments from anyone who wanted to post them. The local talk radio stations and even the national cable television station MSNBC invited all viewers to send them comments. Local libraries have public computers and technical help so everyone has access to online forums.

What was missing?

The organization of the Republican party is not based on groups of people who discuss and deliberate together. Some do, but an individual voter is not required or even expected to discuss the candidates or the issues with others before voting. Voters are not expected to inform themselves.

A major deficit in the election was leadership from experts. In a misguided attempt to allow the election to go forward democratically, the leadership was not forceful enough in noting Trump’s lack of qualifications. In some instances, it was the result of intimidation by Trump’s power. Despite his poor business practices, he is wealthy and contributes to many election campaigns. He also awards favors to those who like him, such as free visits to his many magnificent hotels and golf courses. These include his Mir-a-Lago Club in Palm Beach, Florida, which is members only and those members with a Trump Card receive  special privileges.

However, the lack of personal intervention by Republican leaders could have been offset by a job description. In sociocratic elections, adopting a job description is the first step. Voters are expected to measure their nominee against the requirements of the job and to defend their choice on that basis.

With no job description, the election process was lacking a rational measurement. How do you judge the appropriateness of a candidate without a clear statement of the office’s responsibilities and expectations? The lack of a job description was largely what made Donald Trump possible. The only surprise is that a Trump hasn’t happened sooner.

Donald Trump, Bullshit Artist

This week the highly respected Indian American journalist  Fareed Zukaria discussed Donald Trump in his weekly column in the Washington Post, “The Unbearable Stench of Trump’s BS” and on his weekly television program on CNN, “Trump as a Bullshit Artist” (a video is also posted).

Photo of Fareed ZakariaZakaria was asked to explain why Donald Trump could say something that had been proven false and then excuse it with “a caustic tweet and an indignant interview.” Zakaria’s response was because he is a “bullshit artist.” Zakaria referred to the work of American philosopher Harry Frankfurt, “On Bullshit”:

Harry Frankfurt, an eminent moral philosopher and former professor at Princeton, wrote a brilliant essay in 1986 called “On Bullshit.”  In the essay, Frankfurt distinguishes crucially between lies and BS: “Telling a lie is an act with a sharp focus. It is designed to insert a particular falsehood at a specific point. . . . In order to invent a lie at all, [the teller of a lie] must think he knows what is true.”

But someone engaging in BS, Frankfurt says, “is neither on the side of the true nor on the side of the false. His eye is not on the facts at all . . . except insofar as they may be pertinent to his interest in getting away with what he says.” Frankfurt writes that the BS-er’s “focus is panoramic rather than particular” and that he has “more spacious opportunities for improvisation, color, and imaginative play. This is less a matter of craft than of art. Hence the familiar notion of the ‘bullshit artist.’ ”

Zakaria describes how Trump has done this all his life.

He boasts — and boasts and boasts — about his business, his buildings, his books, his wives. Much of it is a concoction of hyperbole and falsehoods. And when he’s found out, he’s like that guy we have all met at a bar who makes wild claims but when confronted with the truth, quickly responds, “I knew that!”

Cartoon of a circus barkerTrump also never takes it back. He moves to the next boast. In the bar, at a wedding, dinners, and parties, this is fun. This is the guy at the center of the show. His performance before thousands of people at his campaign events is that of circus barker, a man performing to entice his audience to vote for my show. Vote for me. I’ll make life perfect. Like you’ve never experienced before.

Is Trump a Two-Headed Monster?

People who have been friends of Trump’s for many years say they like him and that he is a good guy. He’s fun, he’s generous, he’s fair. In private, he never behaves as if believes the same views he expresses in his campaign speeches. When Secretary of State Hillary Clinton was asked why she went to Trump’s daughter’s wedding  with 500 friends and family members, she responded, “Because he’s fun.”

The wedding  invitation and Clinton’s positive response were before Trump became the Republican nominee and Clinton’s fierce critic. Their daughters are also friends.

This is typical of other responses by his (former) friends. They have also found him to be kind and personable. They are astounded by his pronouncements from the podium to ban Muslims, protect gun rights, ignore international treaties, and write-off our national debt. They say that just isn’t the Donald they know.

Is he a two-headed monster, a Dr. Jekyll and Mr. Hyde? No the theory of the bullshitter says. He performs to his audience. Journalists embedded with his campaign say he has an uncanny ability to read the audience and craft his message to the moment. There are not two people, or three or six.

Like a lie that would require fine distinctions and precise observance between the characteristics of his different personalities and  positions.  It would require rationality.

Not irrationality, but an art

Trump’s speeches aren’t rational. They make no sense. He double talks. He spouts imaginary data. Even contradicts himself from one speech or  interview to the next. That is the art of performance. He seduces his audience not to believe, but to be entertained so they will attend his parties. And sign on to less than realistic business deals and to trust him even though his record of success is questionable at best.

In Trump’s view, our government is a circus and its leaders as clowns.  As all BS-ers do,  he is creating the circus and the clowns. Like the Music Man, he is promising to fix it. As if the Circus Barker in a small circus can become a great leader in international politics and create a lush economy. He thinks his bullshit will work the way it always has. Only now, ten weeks before the election have leaders have started to speak out and he has crossed so many lines of decency, that his poll numbers are beginning to drop.

Journalists and opposing candidates have been frustrated at not being able to pin Trump down with the truth. They can’t because truth is not his concern. To lie, you have to know the truth. He doesn’t care about the truth.  Fareed  quotes the philosopher Harry G. Frankfurt again when he  says:

Liars and truth-tellers are both acutely aware of facts and truths. They are just choosing to play on opposite sides of the same game to serve their own ends. The BS artist, however, has lost all connection with reality. He pays no attention to the truth. “By virtue of this,” Frankfurt writes, “bullshit is a greater enemy of truth than lies are.” … Standard rules of fact, truth, and reality have disappeared in this campaign.

Have you noticed how uninteresting Trump’s rallies have become since he has dropped the circus barker’s showmanship? He has tried to adopt a more conventional speech-making style while saying the same things. He is a candidate, no longer a circus barker, and is no longer entertaining.

Harry Frankfurt’s article “On Bullshit” was published as a book of the same title in 2005. A copy of the article in PDF: Frankfurt On Bullshit

Wikipedia’s entry on the Results of the Republican Party Presidential Primaries includes a detailed analysis of the process that nominated Donald Trump as a candidate for President of the United States. The results are given state by state, candidate by candidate.

 

Sociocratic Bylaws

CertificateExamples of Sociocratic Bylaws

Both two examples of sociocratic bylaws posted on Sociocracy.info are based on legally filed documents. They that sociocratic principles and practices can be specified and legally approved. The Bylaws for a Sociocratic Business are based on those of a LLC registered in Delaware. The Bylaws for a Sociocratic Organization is based on the bylaws of an advocacy organization incorporated in Washington DC.

Bylaws for sociocratic organizations and associations differ from those of sociocratic businesses only in tone and the specific provisions for each business or organizational model. Public corporations will have investors, for example, and non-profit associations will have members. Each will require specifying the rights of their stakeholders.

These examples may be adapted for associations, clubs, corporations,  intentional communities, condominiums, cooperatives, small businesses, etc. Some clauses may not apply and others will need to be amplified or added to meet the legal requirements of your county, province, or state.

The sections that specify sociocracy as the governance structure and consent as the method of decision-making, however, are usually the same. Titles may change to follow the customary practice in a particular field, but this is not a substantial difference.

Powers of the Board of Directors

People are most often concerned about the requirements for a Board of Directors that has certain powers. Typically a Board has life and death power over an organization while a sociocratic Top Circle does not. A Top Circle has unique responsibilities, as does a Board, but does not have the power to dissolve or sell the business or organization.

Most requirements for Boards can be accommodated by stating that the Board of Directors is identical to the Top Circle and by understanding that the Board may be responsible by law for certain decisions but that doesn’t mean it has to have the sole power to make them. These decisions can be delegated. The role of the Board becomes to ratify the decisions ensuring that they were made using proper process and assuming shared responsibility for the outcome.

Majority Vote

The second concern is the typical requirement of majority vote for most if not all decisions of the Board. The minimum for majority vote is usually 51% of those present and voting, or 50% plus one when 50% produces a fraction. The requirement of consent is 100% of those present and consenting. Since the 51% majority is included in the 100% consenting, this requirement is satisfied.

Part of the reason majority vote is required is to ensure that a minimum number of members have approved a decision. Some organizations require a “super majority” of 80% or even 98%. Another reason for requiring majority vote is to ensure that decisions get made. The majority can decide to move forward when there is dissension that endangers the organization.

The same conflict might occur in sociocratic organizations, but they use a different solution. When consent cannot be reached, the decision goes to an expert, one who is a member of the Board if appropriate, or to another expert capable of making an informed decision.

Legal Advice

These examples are for reference only.  Laws differ significantly between jurisdictions. Professional legal advice is required to ensure that the laws protecting your organization have been addressed and that your bylaws have been properly and unambiguously worded. A missing comma can dramatically and disastrously change the meaning.

In addition to helping you understand what is included in bylaws, these examples will help you draft your own bylaws for your lawyer and then modify them as advised. This allows your organization to make many of its decisions before becoming overwhelmed with external expectations and legalese.

Plain English

For decades, Plain English has been taught as the standard in the legal field. But because they are still in the computer, many law firms are still using boiler plate legal phrases from the mid 20th century. Insist that your documents be written in Plain English.

Plain English for Lawyers by Richard C. Wydick has been the accepted reference for over 25 years and maybe helpful.

Writing bylaws may seem like a tedious chore but it is a document that defines your organization and gives everyone a common understanding of how the organization will function.

Self-definition that is hard and that is the core of bylaws.

Advocating Sociocracy

Public Advocacy

By the late-nineteenth century it was clear that the democratic ideal on which the United States had been founded was not producing equal representation even for those allowed to vote. Nor was it providing a rational structure for social or economic leadership—at the local or national levels. Workplaces were autocratic, often brutally so.

The government was dominated by politicians who often had their own interests at heart or were ignorant of democratic values. Often only people who were loyal to party bosses were supported by political parties and anyone without that support was unlikely to be elected, or to stay in office.

At best, the democracy that promised citizens the ability to self-determine, to be free and equal, was ruled by the majority of voters only providing a different kind of autocratic domination for the minority. Since only men of European descent and of a certain status were allowed to vote, the flavor of an aristocracy prevailed in effect if not in practice.

And by the late nineteenth century, science was also beginning to lose its luster. The promises of proof and social improvements had not been realized. And leaders realized that science could be used for anti-social purposes as well as for the public good. It often focused on issues that had little to do with humanitarian concerns.

Frank Ward: Advocating Sociocracy

Lester Frank Ward in Yellowstone National Park with Fossil Tree Trunks, 1887American sociologist Lester Frank Ward was a vocal advocate of a sociocracy. He proposed a plan that was more likely to be implemented than Comte’s governance by scientists and was more vocal in arguing his points. He was highly critical of the government and the kind of person typically supported by the political parties.

In Ward’s sociocratic society, the government would be advised by an academy of scientists rather than the decision-making body as Comte had suggested. Ward advocated using the rugged individual as an ideal. Individuals who “pulled themselves “by their bootstraps.” If the government learned from and functioned as the highest performing individual did, it would be effective and productive. The individual “should be praised and even imitated.”

Ward himself was such a person. He worked as a clerk and attended college at night to earn degrees in botany and law. Eventually he became a paleontologist for the Federal Government. When he retired at age 65, he became a professor at Brown University. In 1903 he was elected the first president of the International  Institute of Sociology and in 1906, the first president of the  American Sociological Society. He published widely. It is in support and in criticism of his proposed sociocracy that the word first entered public consciousness.

What Is Sociocracy and Why Do You Need it?

What is Sociocracy?

A quick answer to the question, What is Sociocracy? is that sociocracy is both:

  • A social ideal that values equality and the rights of people to decide the conditions under which they live and work, and
  • An effective method of organizing collaborative and productive organizations as associations, businesses, and governments, large and small.

In English-speaking countries, as a method of organization sociocracy is often called dynamic governance, but around the world is simply called sociocracy. Its founder called it the Sociocratic Circle-Organization Method (SCM).

Not Just a Statement of Values

Sociocracy shares the values of democracy

  • freedom and equality, and
  • the right and responsibility of self-determination.

But sociocracy doesn’t just state values. It goes deeper. It is a method of organization and decision-making that ensures those values are implemented. Its principles and practices are very different from parliamentary procedure and majority rule. Majority rule can lead to a divided society and promotes competition and dominance instead of coöperation and equality.

A Whole System Science Approach to Governance

Sociocracy is a whole systems approach to designing and leading organizations. It is based on principles, methods, and a structure that creates a resilient and coherent system,. It uses transparency, inclusiveness, and accountability to increase harmony, effectiveness, and productivity.

Sociocracy was conceived as applied Sociology. Sociology is a social science that studies social groups and how they function. It was to be a governance method based on information from sociologists. Sociocracy, developed with research and experimentation, has shown that people who live and work together are more likely to make good decisions for themselves than anyone else.

Sociocracy guarantees a society in which freedom and equality are determined by the people who have an active role in creating the conditions under which they live and work..

Consent Is Required for Policy Decisions

Requiring consent for policy decisions ensures that no member of a group or circle* can be ignored. All circles make the policy decisions that directly affect their own responsibilities. They are not reserved for top management, officers, or boards.

Policy decisions are agreements about how an organization will work. They govern how resources will be used, who will do which jobs, the standards of quality, etc. Within the policies of the larger organization, for example, the loading dock circle will decide the policies governing how the loading dock will work on a day-to-day basis.

Consent means “no objections.” Giving consent does not mean unanimity, agreement, or endorsement of the proposal.  Consent is given to moving forward, to supporting the policy as “worth trying until we have more information.”  Or “I can work with it.” Requiring consent ensures that a policy will be followed by everyone until there is reason to change it. Like budgets, policies are rarely in force forever.

As a member of any sociocratically governed organization, you are guaranteed of your ability to collaboratively decide your living and working conditions as a citizen, as an employee, as a member, as a neighbor, as a student.

Coordination and Management When Everyone Makes Policy Decisions

Within the policies of the larger organization. all work groups, chapters, departments, committees, etc., make their own policies. Day-to-day operational decisions are governed by policy decisions and are most often delegated to the leader of operations.

When a policy affects more than one circle, it is delegated to the coordinating or general management circle. The general management circle is composed of operations leaders and elected representatives from each circle. Each member of the coordinating circle has to give consent. This protects the circles from decisions that would affect their ability to do their work.

Instead of a board of directors, a sociocratic organization has a top circle that fulfills many of the functions of a traditional board except that it does not have absolute control over the organization. The top circle includes members of the coordinating circle, the president or CEO, and outside members who add financial and professional expertise. The responsibilities of the top circle include long-term planning and financial decisions that affect the organizations future.

So What Is Sociocracy?

It is a governance system designed to protect and apply the values that democracies cherish. Unlike current democracies, it is also a governance structure designed to make sure those values will be applied as equally as possible for everyone.

Search these words for more information on What is Sociocracy? and Why You Need It: consent, consensus, democracy, dynamic governance, majority vote, policy decisions, Sociocratic Circle-Organization Method (SCM)

Updated: 10 June 2016

Are Sociocratic Corporations Legal?

Sociocratic corporations are perfectly legal. All the laws that constrain corporate functioning can be met while applying sociocratic values, principles, and methods.

Laws governing corporations, both for profit and not for profit, are generally written to prevent abuses that corporations have committed in the past, often with investors’ or donors’ money. In writing the law, the government is presenting its solution to that problem. If you can determine what the law intended to prevent, you will have a good guide to functioning within the law and build a sociocratic structure.

For example, in the US, there is often a requirement that the Board of Directors function by majority vote. The law was intended to ensure that “at least” a majority were in favor of an action. It is a minimum standard, not a maximum standard. Consent contains within it the majority. There is no contradiction in the numbers.

Corporate legislation requires an organization to have a Board of Directors with full authority to govern the organization, but the board can delegate its authority. This is what higher circles do when they create lower circles.

The legal protection for investors and donors is that if the lower circles do not carry out their delegated duties, the Board has the authority to take control. The Board can delegate authority as long as it retains responsibility for the results. This is also perfectly sociocratic since a higher circle can decide to eliminate a lower circle that is not functioning properly.

Even if you are confronting an old law that protected someone 200 years ago, however, the worst thing you can do is to try to convince the government that they are wrong at the same time you are trying to become incorporated. Get legally incorporated, then demonstrate the superiority of the sociocratic structure. Until you have done that, no one will listen to you.

We had this problem with cohousing communities getting approved by town zoning boards. Most cohousing communities are legally structured as condominiums. There are very clear laws about “common interest” real estate in which each owner has a percentage interest. Instead of explaining how the cohousing project met all the legal requirements for condominiums and was financially sound, groups were going to banks and zoning boards talking about shared meals, consensus decision-making, supportive environments for children, changing the world, recycling, etc.

This information was distracting the banks and boards and creating uncertainty about totally sound real estate developments. Cohousing groups were routinely turned down until they found a conventional developing partner, a very sympathetic banker, or began sounding like the legally established condominium that they were.

To ensure that you are both within the law and not undermining the self-optimizing sociocratic structure, you only need a lawyer and a sociocratic consultant with the level of training required to set up a complex organization.