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Saturday, April 22, 2017

The French, Coming Apart | City Journal - Christopher Caldwell

The real-estate market in any sophisticated city reflects deep aspirations and fears. If you had a feel for its ups and downs—if you understood, say, why young parents were picking this neighborhood and drunks wound up relegated to that one—you could make a killing in property, but you also might be able to pronounce on how society was evolving more generally. In 2016, a real-estate developer even sought—and won—the presidency of the United States.

In France, a real-estate expert has done something almost as improbable. Christophe Guilluy calls himself a geographer. But he has spent decades as a housing consultant in various rapidly changing neighborhoods north of Paris, studying gentrification, among other things. And he has crafted a convincing narrative tying together France’s various social problems—immigration tensions, inequality, deindustrialization, economic decline, ethnic conflict, and the rise of populist parties. Such an analysis had previously eluded the Parisian caste of philosophers, political scientists, literary journalists, government-funded researchers, and party ideologues.
Guilluy is none of these. Yet in a French political system that is as polarized as the American, both the outgoing Socialist president François Hollande and his Gaullist predecessor Nicolas Sarkozy sought his counsel. Marine Le Pen, whose National Front dismisses both major parties as part of a corrupt establishment, is equally enthusiastic about his work. Guilluy has published three books, as yet untranslated, since 2010, with the newest, Le crépuscule de la France d’en haut (roughly: “The Twilight of the French Elite”), arriving in bookstores last fall. The volumes focus closely on French circumstances, institutions, and laws, so they might not be translated anytime soon. But they give the best ground-level look available at the economic, residential, and democratic consequences of globalization in France. They also give an explanation for the rise of the National Front that goes beyond the usual imputation of stupidity or bigotry to its voters. Guilluy’s work thus tells us something important about British voters’ decision to withdraw from the European Union and the astonishing rise of Donald Trump—two phenomena that have drawn on similar grievances.
At the heart of Guilluy’s inquiry is globalization. Internationalizing the division of labor has brought significant economic efficiencies. But it has also brought inequalities unseen for a century, demographic upheaval, and cultural disruption. Now we face the question of what—if anything—we should do about it.
A process that Guilluy calls métropolisation has cut French society in two. In 16 dynamic urban areas (Paris, Lyon, Marseille, Aix-en-Provence, Toulouse, Lille, Bordeaux, Nice, Nantes, Strasbourg, Grenoble, Rennes, Rouen, Toulon, Douai-Lens, and Montpellier), the world’s resources have proved a profitable complement to those found in France. These urban areas are home to all the country’s educational and financial institutions, as well as almost all its corporations and the many well-paying jobs that go with them. Here, too, are the individuals—the entrepreneurs and engineers and CEOs, the fashion designers and models, the film directors and chefs and other “symbolic analysts,” as Robert Reich once called them—who shape the country’s tastes, form its opinions, and renew its prestige. Cheap labor, tariff-free consumer goods, and new markets of billions of people have made globalization a windfall for such prosperous places. But globalization has had no such galvanizing effect on the rest of France. Cities that were lively for hundreds of years—Tarbes, Agen, Albi, Béziers—are now, to use Guilluy’s word, “desertified,” haunted by the empty storefronts and blighted downtowns that Rust Belt Americans know well.

Guilluy doubts that anyplace exists in France’s new economy for working people as we’ve traditionally understood them. Paris offers the most striking case. As it has prospered, the City of Light has stratified, resembling, in this regard, London or American cities such as New York and San Francisco. It’s a place for millionaires, immigrants, tourists, and the young, with no room for the median Frenchman. Paris now drives out the people once thought of as synonymous with the city.
Yet economic opportunities for those unable to prosper in Paris are lacking elsewhere in France. Journalists and politicians assume that the stratification of France’s flourishing metropoles results from a glitch in the workings of globalization. Somehow, the rich parts of France have failed to impart their magical formula to the poor ones. Fixing the problem, at least for certain politicians and policy experts, involves coming up with a clever shortcut: perhaps, say, if Romorantin had free wireless, its citizens would soon find themselves wealthy, too. Guilluy disagrees. For him, there’s no reason to expect that Paris (and France’s other dynamic spots) will generate a new middle class or to assume that broad-based prosperity will develop elsewhere in the country (which happens to be where the majority of the population live). If he is right, we can understand why every major Western country has seen the rise of political movements taking aim at the present system.
In our day, the urban real-estate market is a pitiless sorting machine. Rich people and up-and-comers buy the private housing stock in desirable cities and thereby bid up its cost. Guilluy notes that one real-estate agent on the Île Saint-Louis in Paris now sells “lofts” of three square meters, or about 30 square feet, for €50,000. The situation resembles that in London, where, according to Le Monde, the average monthly rent (£2,580) now exceeds the average monthly salary (£2,300).
The laid-off, the less educated, the mistrained—all must rebuild their lives in what Guilluy calls (in the title of his second book) La France périphérique. This is the key term in Guilluy’s sociological vocabulary, and much misunderstood in France, so it is worth clarifying: it is neither a synonym for the boondocks nor a measure of distance from the city center. (Most of France’s small cities, in fact, are in la France périphérique.) Rather, the term measures distance from the functioning parts of the global economy. France’s best-performing urban nodes have arguably never been richer or better-stocked with cultural and retail amenities. But too few such places exist to carry a national economy. When France’s was a national economy, its median workers were well compensated and well protected from illness, age, and other vicissitudes. In a knowledge economy, these workers have largely been exiled from the places where the economy still functions. They have been replaced by immigrants.
After the mid-twentieth century, the French state built a vast stock—about 5 million units—of public housing, which now accounts for a sixth of the country’s households. Much of it is hideous-looking, but it’s all more or less affordable. Its purpose has changed, however. It is now used primarily for billeting not native French workers, as once was the case, but immigrants and their descendants, millions of whom arrived from North Africa starting in the 1960s, with yet another wave of newcomers from sub-Saharan Africa and the Middle East arriving today. In the rough northern suburb of Aubervilliers, for instance, three-quarters of the young people are of immigrant background. Again, Paris’s future seems visible in contemporary London. Between 2001 and 2011, the population of white Londoners fell by 600,000, even as the city grew by 1 million people: from 58 percent white British at the turn of the century, London is currently 45 percent white.
While rich Parisians may not miss the presence of the middle class, they do need people to bus tables, trim shrubbery, watch babies, and change bedpans. Immigrants—not native French workers—do most of these jobs. Why this should be so is an economic controversy. Perhaps migrants will do certain tasks that French people will not—at least not at the prevailing wage. Perhaps employers don’t relish paying €10 an hour to a native Frenchman who, ten years earlier, was making €20 in his old position and has resentments to match. Perhaps the current situation is an example of the economic law named after the eighteenth-century French economist Jean-Baptiste Say: a huge supply of menial labor from the developing world has created its own demand.
“The young men living in the northern Paris suburbs feel a burning solidarity with their Muslim brethren in the Middle East.”
This is not Guilluy’s subject, though. He aims only to show that, even if French people were willing to do the work that gets offered in these prosperous urban centers, there’d be no way for them to do it, because there is no longer any place for them to live. As a new bourgeoisie has taken over the private housing stock, poor foreigners have taken over the public—which thus serves the metropolitan rich as a kind of taxpayer-subsidized servants’ quarters. Public-housing inhabitants are almost never ethnically French; the prevailing culture there nowadays is often heavily, intimidatingly Muslim.
At the opening of his new book, Guilluy describes twenty-first-century France as “an ‘American’ society like any other, unequal and multicultural.” It’s a controversial premise—that inequality and racial diversity are linked as part of the same (American-type) system and that they progress or decline together. Though this premise has been confirmed in much of the West for half a century, the assertion will shock many Americans, conditioned to place “inequality” (bad) and “diversity” (good) at opposite poles of a Manichean moral order. This disconnect is a key reason American political discussions have turned so illogical and rancorous. Certain arguments—for instance, that raising the incomes of American workers requires limiting immigration—can be cast as either sensible or superstitious, legitimate or illegitimate, good or evil, depending on whether the person making them is deemed to be doing so on the grounds of economics or identity.
At a practical level, considerations of economics and ethnicity are getting harder to disentangle. Guilluy has spent years in and out of buildings in northern Paris (his sisters live in public housing), and he is sensitive to the way this works in France. A public-housing development is a community, yes, and one can wish that it be more diverse. But it is also an economic resource that, more and more, is getting fought over tribally. An ethnic Frenchman moving into a heavily North African housing project finds himself threatening a piece of property that members of “the community” think of as theirs. Guilluy speaks of a “battle of the eyes” fought in the lobbies of apartment buildings across France every day, in which one person or the other—the ethnic Frenchman or the immigrant’s son—will drop his gaze to the floor first.
Most places where migrant and native French cultures mix, Guilluy expects, will evolve as did the northern Paris suburbs where he works. Twenty years ago, these neighborhoods remained a hub of Parisian Jewish life; nowadays, they’re heavily Arab. The young men living in them feel a burning solidarity with their Muslim brethren in the Middle East and often a loathing for Israel. Jews have faced steady intimidation in northern Paris at least since 2002, when the aftermath of the 9/11 attacks overlapped with the Palestinian “second intifada.” Violence is rising. July 2014 saw a wave of attacks on Jewish businesses and synagogues in the suburb of Sarcelles. Jews have evacuated some municipalities north of Paris, where, until recently, they were an integral part: Saint-Denis, La Courneuve, Aubervilliers, Stains, Pierrefitte-sur-Seine, Trappes, Aulnay-sous-Bois, and Le Blanc-Mesnil. Many Jews still live safely and well in France, of course, but they cluster together in a smaller number of secure neighborhoods, several of them on Paris’s western edge. Departures of French Jews to Israel run to about 7,000 a year, according to the Jewish Agency of France. Others go to the U.S. and Canada. The leavers are disproportionately young.
Guilluy has written much about how little contact the abstract doctrines of “diversity” and “multiculturalism” make with this morally complex world. In the neighborhoods, well-meaning people of all backgrounds “need to manage, day in, day out, a thousand and one ethno-cultural questions while trying not to get caught up in hatred and violence.” Last winter, he told the magazine Causeur:
Unlike our parents in the 1960s, we live in a multicultural society, a society in which “the other” doesn’t become “somebody like yourself.” And when “the other” doesn’t become “somebody like yourself,” you constantly need to ask yourself how many of the other there are—whether in your neighborhood or your apartment building. Because nobody wants to be a minority.
Thus, when 70 percent of Frenchmen tell pollsters, as they have for years now, that “too many foreigners” live in France, they’re not necessarily being racist; but they’re not necessarily not being racist, either. It’s a complicated sentiment, and identifying “good” and “bad” strands of it—the better to draw them apart—is getting harder to do.
France’s most dangerous political battles play out against this backdrop. The central fact is the 70 percent that we just spoke of: they oppose immigration and are worried, we can safely assume, about the prospects for a multiethnic society. Their wishes are consistent, their passions high; and a democracy is supposed to translate the wishes and passions of the people into government action. Yet that hasn’t happened in France.
Guilluy breaks down public opinion on immigration by class. Top executives (at 54 percent) are content with the current number of migrants in France. But only 38 percent of mid-level professionals, 27 percent of laborers, and 23 percent of clerical workers feel similarly. As for the migrants themselves (whose views are seldom taken into account in French immigration discussions), living in Paris instead of Boumako is a windfall even under the worst of circumstances. In certain respects, migrants actually have it better than natives, Guilluy stresses. He is not referring to affirmative action. Inhabitants of government-designated “sensitive urban zones” (ZUS) do receive special benefits these days. But since the French cherish equality of citizenship as a political ideal, racial preferences in hiring and education took much longer to be imposed than in other countries. They’ve been operational for little more than a decade. A more important advantage, as geographer Guilluy sees it, is that immigrants living in the urban slums, despite appearances, remain “in the arena.” They are near public transportation, schools, and a real job market that might have hundreds of thousands of vacancies. At a time when rural France is getting more sedentary, the ZUS are the places in France that enjoy the most residential mobility: it’s better in the banlieues.
In France, the Parti Socialiste, like the Democratic Party in the U.S. or Labour in Britain, has remade itself based on a recognition of this new demographic and political reality. François Hollande built his 2012 presidential victory on a strategy outlined in October 2011 by Bruno Jeanbart and the late Olivier Ferrand of the Socialist think tank Terra Nova. Largely because of cultural questions, the authors warned, the working class no longer voted for the Left. The consultants suggested a replacement coalition of ethnic minorities, people with advanced degrees (usually prospering in new-economy jobs), women, youths, and non-Catholics—a French version of the Obama bloc. It did not make up, in itself, an electoral majority, but it possessed sufficient cultural power to attract one.

The comfortable residents of France’s 16 prospering cities define the country’s tastes and form its opinions, while . . . (CHRISTIAN VIERIG/GETTY IMAGES)
Guilluy came to the attention of many French readers at the turn of the millennium, in the pages of the leftist Paris daily Libération, where he promoted the American journalist David Brooks’s book Bobos in Paradise. Guilluy was fascinated by the figure of the “Bobo,” an acronym combining “bourgeois” and “Bohemian,” which described the new sort of upper-middle-class person who had emerged in the late-nineties tech-bubble economy. The word may have faded from the memory of English-language readers, but it stuck in France. You can find Bobo in any good French dictionary, alongside bébé, Dada, and tutu.
For Brooks, “Bobo” was a term of endearment. Our nouveaux riches differed from those of yesteryear in being more sensitive and cultured, the kind of folks who shopped at Restoration Hardware for the vintage 1950s Christmas lights that reminded them of their childhoods. For Guilluy, as for most French intellectuals, “Bobo” is a slur. These nouveaux riches differed from their predecessors in being more predatory and less troubled by conscience. They chased the working-class population from neighborhoods it had spent years building up—and then expected the country to thank them.
In France, as in America, the Bobos were both cause and effect of a huge cultural shift. The nation’s cultural institutions—from its universities to its television studios to its comedy clubs to (this being France) its government—remain where they were. But the sociology of the community that surrounds them has been transformed. The culture industry now sits in territory that is 100 percent occupied by the beneficiaries of globalization. No equivalent exists any more of Madame Vauquer’s boardinghouse in Balzac’s Père Goriot, where the upwardly mobile Rastignac had to rub shoulders with those who had few prospects of advancement. In most parts of Paris, working-class Frenchmen are just gone, priced out of even the soccer stadiums that were a bastion of French proledom until the country’s World Cup victory in 1998. The national culture has changed.
So has French politics. Since the age of social democracy, we have assumed that contentious political issues inevitably pit “the rich” against “the poor” and that the fortunes of one group must be wrested from the other. But the metropolitan bourgeoisie no longer lives cheek-by-jowl with native French people of lesser means and different values. In Paris and other cities of Guilluy’s fortunate France, one often encounters an appearance of civility, even consensus, where once there was class conflict. But this is an illusion: one side has been driven from the field.
The old bourgeoisie hasn’t been supplanted; it has been supplemented by a second bourgeoisie that occupies the previously non-bourgeois housing stock. For every old-economy banker in an inherited high-ceilinged Second Empire apartment off the Champs-Élysées, there is a new-economy television anchor or high-tech patent attorney living in some exorbitantly remodeled mews house in the Marais. A New Yorker might see these two bourgeoisies as analogous to residents of the Upper East and Upper West Sides. They have arrived through different routes, and they might once have held different political opinions, but they don’t now. Guilluy notes that the conservative presidential candidate Alain Juppé, mayor of Bordeaux, and Gérard Collomb, the Socialist running Lyon, pursue identical policies. As Paris has become not just the richest city in France but the richest city in the history of France, its residents have come to describe their politics as “on the left”—a judgment that tomorrow’s historians might dispute. Most often, Parisians mean what Guilluy calls la gauche hashtag, or what we might call the “glass-ceiling Left,” preoccupied with redistribution among, not from, elites: we may have done nothing for the poor, but we did appoint the first disabled lesbian parking commissioner.
Upwardly mobile urbanites, observes Guilluy, call Paris “the land of possibilities,” the “ideapolis.” One is reminded of Richard Florida and other extollers of the “Creative Class.” The good fortune of Creative Class members appears (to them) to have nothing to do with any kind of capitalist struggle. Never have conditions been more favorable for deluding a class of fortunate people into thinking that they owe their privilege to being nicer, or smarter, or more honest, than everyone else. Why would they think otherwise? They never meet anyone who disagrees with them. The immigrants with whom the creatives share the city are dazzlingly different, exotic, even frightening, but on the central question of our time—whether the global economic system is working or failing—they see eye to eye. “Our Immigrants, Our Strength,” was the title of a New York Times op-ed signed by London mayor Sadiq Khan, New York mayor Bill de Blasio, and Paris mayor Anne Hidalgo after September’s terrorist bomb blasts in New York. This estrangement is why electoral results around the world last year—from Brexit to the election of Donald Trump—proved so difficult to anticipate. Those outside the city gates in la France périphérique are invisible, their wishes incomprehensible. It’s as if they don’t exist. But they do.
People used to think of the economy as congruent with society—it was the earning-and-spending aspect of the nation just living its life. All citizens inhabited the same economic system (which isn’t to say that all took an equal share from it). As Guilluy describes it, the new economy is more like a private utility: it provides money and goods the way, say, the power company provides electricity. If you’ve always had electricity in your house, what’s the worry? But it’s quite possible to get cut off.
For those cut off from France’s new-economy citadels, the misfortunes are serious. They’re stuck economically. Three years after finishing their studies, three-quarters of French university graduates are living on their own; by contrast, three-quarters of their contemporaries without university degrees still live with their parents. And they’re dying early. In January 2016, the national statistical institute Insée announced that life expectancy had fallen for both sexes in France for the first time since World War II, and it’s the native French working class that is likely driving the decline. In fact, the French outsiders are looking a lot like the poor Americans Charles Murray described in Coming Apart, failing not just in income and longevity but also in family formation, mental health, and education. Their political alienation is striking. Fewer than 2 percent of legislators in France’s National Assembly today come from the working class, as opposed to 20 percent just after World War II.
Unlike their parents in Cold War France, the excluded have lost faith in efforts to distribute society’s goods more equitably. Political plans still abound to fight the “system,” ranging from the 2017 Socialist presidential candidate Benoît Hamon’s proposals for a guaranteed minimum income to those of his rival, former economics minister Emmanuel Macron, to make labor markets more flexible. But these programs are seen by their intended beneficiaries as further proof of a rigged system. The welfare state is now distrusted by those whom it is meant to help. France’s expenditure on the heavily immigrant banlieues is already vast, on this view; to provide yet more public housing would be to widen the invitation to unwanted immigrants. To build any large public-works project is to do the same. To invest in education, in turn, is to offer more advantages to the rich, who’re best positioned to benefit from it. In a society divided as Guilluy describes, traditional politics can find no purchase.
The two traditional French parties—the Republicans, who once followed a conservative program elaborated by Charles de Gaulle; and the Socialists, who once followed socialism—still compete for votes, but along an ever-narrowing spectrum of issues. The real divide is no longer between the “Right” and the “Left” but between the metropoles and the peripheries. The traditional parties thrive in the former. The National Front (FN) is the party of the outside.
Indeed, with its opposition to free trade, open immigration, and the European Union, the FN has established itself as the main voice of the anti-globalizers. At regional elections in 2015, it took 55 percent of workers’ votes. The Socialists, Republicans, Greens, and the hard Left took 18 percent among them. In an effort to ward off the FN, the traditional parties now collude as often as they compete. In the second round of those regional elections, the Socialists withdrew in favor of their Republican rivals, seeking to create a barrage républicain against the FN. The banding together of establishment parties to defend the system against anti-system parties is happening all over the world. Germany has a “grand coalition” of its two largest parties, and Spain may have one soon. In the U.S., the Trump and the Sanders candidacies both gained much of their support from voters worried that the two major parties were offering essentially the same package.
Guilluy has tried to clarify French politics with an original theory of political correctness. The dominance of metropolitan elites has made it hard even to describe the most important conflicts in France, except in terms that conform to their way of viewing the world. In the last decade of the twentieth century, Western statesmen sang the praises of the free market. In our own time, they defend the “open society”—a wider concept that embraces not just the free market but also the welcoming and promotion of people of different races, religions, and sexualities. The result, in terms of policy, is a number of what Guilluy calls “top-down social movements.” He doesn’t specify them, but they would surely include the Hollande government’s legalization of gay marriage, which in 2013 and 2014 brought millions of protesters opposing the measure onto the streets of Paris—the largest demonstrations in the country since World War II.
French elites have convinced themselves that their social supremacy rests not on their economic might but on their common decency. Doing so allows them to “present the losers of globalization as embittered people who have problems with diversity,” says Guilluy. It’s not our privilege that the French deplorables resent, the elites claim; it’s the color of some of our employees’ skin. French elites have a thesaurus full of colorful vocabulary for those who resist the open society: repli (“reaction”), crispation identitaire (“ethnic tension”), and populisme (an accusation equivalent to fascism, which somehow does not require an equivalent level of proof). One need not say anything racist or hateful to be denounced as a member of “white, xenophobic France,” or even as a “fascist.” To express mere discontent with the political system is dangerous enough. It is to faire le jeu de (“play the game of”) the National Front.
. . . residents of its “desertified” cities simmer with anger. (ADAM NOSSITER/THE NEW YORK TIMES/REDUX)
No American will read Guilluy’s survey of contemporary France without seeing parallels to the United States. In one respect, France’s difficulties are, for now, more serious. When Guilluy writes of the “criminalization of criticism of the dominant model,” he is not speaking metaphorically. France’s antiracist Pleven law, which can punish speech, passed in 1972. In 1990, the Gayssot law criminalized denial or “minimization” of the Holocaust and repealed parts of France’s Law of July 29, 1881, on Freedom of the Press. Both laws are landmarks in Europe’s retreat from defending free speech. Suits against novelists, philosophers, and historians have proliferated.
In France, political correctness is more than a ridiculous set of opinions; it’s also—and primarily—a tool of government coercion. Not only does it tilt any political discussion in favor of one set of arguments; it also gives the ruling class a doubt-expelling myth that provides a constant boost to morale and esprit de corps, much as class systems did in the days before democracy. People tend to snicker when the question of political correctness is raised: its practitioners because no one wants to be thought politically correct; and its targets because no one wants to admit to being coerced. But it determines the current polarity in French politics. Where you stand depends largely on whether you believe that antiracism is a sincere response to a genuine upsurge of public hatred or an opportunistic posture for elites seeking to justify their rule.
Guilluy is ambivalent on the question. He sees deep historical and economic processes at work behind the evolution of France’s residential spaces. “There has been no plan to ‘expel the poor,’ no conspiracy,” he writes. “Just a strict application of market principles.” But he is moving toward a more politically engaged view that the rhetoric of an “open society” is “a smokescreen meant to hide the emergence of a closed society, walled off for the benefit of the upper classes.”
It would be wrong, though, to see Guilluy as the partisan of any political project, let alone “playing the game” of one. Ideologically and intellectually, he is difficult to place. Sometimes he sounds like the English radical Paul Mason, author of the 2016 book Post-Capitalism. That is, he looks at the destruction of working-class sources of power (from trade unions to industrial jobs) not as unfortunate collateral damage of the last 30 years of economic policy but as the overarching goal of it. His perspective on political change will remind City Journal readers of Joel Kotkin, in that he is more interested in how people act (where they move, the jobs they take, the way they form families) than in the opinions they spout. In a French context, he would be seen as among those in left-wing circles on whom certain civilizational truths once considered “conservative” have dawned. These include the novelist Michel Houellebecq, the philosopher Michel Onfray, and the political philosopher Jean-Claude Michéa, who has been heavily influenced by American historian Christopher Lasch. Guilluy, too, acknowledges Lasch’s influence, and one hears it when he writes, in La France périphérique, of family and community as constituting “the capital of the poor.”
Like much in French intellectual life, Guilluy’s newest book is intelligent, original, and rather slapdash. Its maps, while brilliantly conceived, are poorly explained. Its forays into social science are mis-designed—Guilluy’s “indices of fragility” are based on redundant, highly correlated factors that exaggerate the points he means to make. The book has been assembled sloppily and, it seems, hastily. Long prose passages turn up twice on the same page, as if the editor spilled a cup of coffee while cutting and pasting.
Still, Guilluy’s work is the most successful attempt to tow French political sociology out of the rut that it has been mired in since the Cold War and to direct it toward the pressing matters of our day. The “American” society that Guilluy describes—unequal and multicultural—can appear quite stable, but signs abound that it is in crisis. For one thing, it requires for its own replication a growing economy.
Since Tocqueville, we have understood that our democratic societies are emulative. Nobody wants to be thought a bigot if the membership board of the country club takes pride in its multiculturalism. But as the prospect of rising in the world is hampered or extinguished, the inducements to ideological conformism weaken. Dissent appears. Political correctness grows more draconian. Finally the ruling class reaches a dangerous stage, in which it begins to lose not only its legitimacy but also a sense of what its legitimacy rested on in the first place.