The Crisis of Liberalism and The Emergence of Federal Populism
The Crisis of Liberalism and The Emergence of Federal Populism
The Crisis of Liberalism and The Emergence of Federal Populism
Paul Piccone
-7-
8 PAUL PICCONE
less rosy. Instead of freeing for other domestic uses substantial chunks
of the defense budget, the decrease in justifiable military needs (re-
versed only temporarily because of the Gulf war) has depressed aggre-
gate demand and undermined die political justification for massive
budget deficits incurred in responding to the threat posed by various
"red menaces," "missile gaps" or "evil empires." Consequently, the US
government has had to consider decreasing all federal expenditures in
the attempt to balance the budget (and even begin to consider reduc-
ing the national debt whose servicing absorbs growing percentages of
the GNP). The result is a further reduction of aggregate demand and
the plunging of the system into an economic recession no longer
readily susceptible to traditional Keynesian therapy. Contrary to con-
ventional liberal wisdom, what has invigorated the system for well over
half a century was not a temporary and fiscally inconsequential "pump
priming" but permanent deficit spending which is increasingly difficult
to sustain and justify without severely mortgaging the future by over-
burdening and thus handicapping the economy .
Even if the problem of the growing deficit could be overlooked, con-
tinuing massive government deficit spending confronts new and prob-
ably insurmountable obstacles. The automatic answer to the obsoles-
cence of military Keynesianism, i.e., to find something functionally
equivalent, able to guarantee steady growth and a new totalizing na-
tional purpose (such as rebuilding the nation's infrastructure or under-
taking ambitious programs of space exploration, ecological repair,
etc.), is ruled out by two factors. First, it would be extremely difficult to
build a national consensus around such massive projects without an
overriding military threat. In this respect, the post-Cold War predica-
ment resembles the one obtaining immediately before WWII, when
the New Deal attempted to do something of the sort and ran into in-
surmountable political opposition. Massive totalizing projects of social
reconstruction presuppose a prior national consensus which, with the
exception of anti-fascism and anti-communism, either does not exist
in the US or is impossible to construct under present conditions of
sharply conflicting interests. What made military Keynesianism such
an ideal solution was not so much its economic priming role but the
fact that it legitimately suspended otherwise disruptive democratic de-
cision-making practices and opened the gate to practically unaccounta-
ble government spending. Second, while in the 1940s it was possible to
propose massive deficit spending as a temporary aberration to be
rectified wim the return to normal peacetime conditions of economic
12 PAUL PIC CONE
1. Christopher Lasch, The True and Only Heaven: Progress and its Critics (New York: W.
W. Norton, 1991), esp. Ch. 10, "The Politics of the Civilized Minority," pp. 412-532.
2. Lawrence Goodwyn, Democratic Promise: The Populist Movement in America (New
York: Oxford, 1976). The publication of this work marked the beginning of a re-evalu-
ation of American populism and reversed standard liberal interpretations of the move-
ment fabricated by liberal historians during the 1950s as tendentially reactionary,
racist and anti-intellectual. The many studies that have appeared since diat time only
expand and extend its analysis, widiout necessitating any substantial alteration of the
main thesis. For a standard liberal misreading of populism, see Peter Wiles, "A Syn-
drome, not a Doctrine: Some Elementary Theses on Populism," in Ghita Ionescu and
Ernest Gellner, eds., Populism: Its Meaning and National Characteristics (London:
Weidenfled and Nicholson, 1969), pp. 166-179.
3. Richard Hofstadter, "North America," in Ionescu and Gellner eds., Populism, op.
o(.,pp. 9-27. While widely regarded as die standard account during die 1950s and 1960s,
Hofstadter's work has not widistood critical scrutiny. Cf. Lasch, op. cit., pp. 217-225.
14 PAUL PIC CONE
4. For an earlier analysis of this crisis and of the changes in administrative strategies
to counter bureaucratic involution by integrating new forms of internal opposition, see
Paul Piccone, "The Crisis of One-Dimensionality," in Telos 35 (Spring 1978), pp. 44-54.
THE EMERGENCE OF FEDERAL POPULISM /5
a murky "third area," beneath the state and the equivalent of what his
more careless American epigones have redefined as "civil society" —
an inherendy ambiguous term he is wise enough not to use. He also
acknowledges mat, to the extent it expresses heterogeneous grass-roots
concerns, this grass-roots populist dimension cannot be reduced to
one homogeneous camp. Thus, after his bruising confrontation with
post-modernity, he no longer talks about any one-dimensional discur-
sive domain but about a plurality of "public spheres" to take into ac-
count the particularity of the various heterogeneous communities.
This pluralism, however, is only a tactical concession since in politically
constituting their demands all these public spheres must ultimately ar-
ticulate discursively their processes of collective will-formation and
become caught in die universalism he assumes to be presupposed by
undistorted communicative practices. These practices will permeate
any consciousness — populist or odierwise — which, in order to have
political impact, cannot remain spontaneous and inarticulate. Effective
resistence to what Habermas mystifies as "the colonization of the life-
world" is possible only if the various communities undergo a diorough
"communicative" rationalization which eventually will level them out
and make them conform widi the pseudo-universalist tenets of pre-
dominant New Class ideology, i.e., the homogenization of precisely
mat particularity populists seek to defend. Habermas' vindication of
the primacy of the lifeworld or of populist instances is at the same time
a strategy of instrumentalization since it requires an exhaustive transla-
tion of populist traditions and customs into communicatively articu-
lated norms. As such communication theory ends up as the functional
equivalent of the culture industry, universal education and other older
leveling institutions in rationalizing and making more responsive a lib-
eral democracy which has lost contact with its legitimating founda-
tions. The point throughout is to defend the welfare state against neo-
conservative attacks.6
Habermas' solution essentially consists in having the various consti-
tuencies homogenize spontaneously ramer man by forcing pseudo-uni-
versalist New Class ideology on mem. Unfortunately, his demand that
all features of the populist lifeworld be discursively articulated not only
direatens to destroy it even more effectively than standard bureaucratic
6. See Jurgen Habermas, "The New Obscurity: The Crisis of the Welfare State
and the Exhaustion of Utopian Energies," in The New Conservatism: Cultural Criticism and
the Historians' Debate, ed. and trans, by Shierry Weber Nicholson (Cambridge, MA: MIT
Press, 1989), pp. 58-69.
THE EMERGENCE OF FEDERAL POPULISM 17
7. Alan Wolfe, Whose Keeper? Social Science and Moral Obligation (Berkeley: University
of California Press, 1989), p. 108.
8. Ibid., p. 246.
18 PAUL PICCONE
populists' traditions and customs, they call for the deployment of soci-
ology as a moral guide to reconstitute a "civil society" presently in ru-
ins and to substitute a new moral vision for traditional or "conserva-
tive" cultural underpinnings. 9
But morality is not a matter of abstract deliberation by committees
of professional sociologists, no matter how eminendy qualified they
may be. It has to do with die most fundamental determinants of per-
sonal and social identity. Thus it can never be amenable to "die
construction of moral rules as a sociological practice" as Wolfe claims,
since people are always already rooted in living traditions diat consti-
tute diem as moral agents.10 The point is to modify and reconstitute ex-
isting practices radier dian to pontificate abstracdy about sociological
experts "helping people make their own rules." A truly democratic so-
lution unshackled by die elitist encroachment of state agencies of soci-
ological rationalization would be to protect existing communities widiin
a strong federal context in which dieir axiological codes are not super-
seded by external and allegedly transcendental alternatives or forcibly
penetrated and colonized by any "emancipatory" agencies whose ethi-
cal superiority can only be predicated on some odier implicit code. To
die extent diat die current crisis of liberalism has to do widi its inability
to provide totalizing norms sufficiendy strong and universally binding
to anchor a viable project of social reconstruction, Wolfe's sociological
approach to moral obligation is unlikely to do anything different from
what sociology has always done. 11 Instead of mediating the recon-
stitution of die components of Wolfe's "civil society" widi die help of
9. Ibid., p. 257.
10. Habermas also rejects the possibility of grounding morality in the subject —
something for which Wolfe reprimands him. However, Habermas' alternative in his
Diskursethik, i.e, to ground it in linguistic intersubjectivity, is hardly an improvement
over Wolfe (ibid., p. 233). To be sure, Wolfe does not want sociologists to condescen-
dingly set people straight as to the nature of their moral obligations. In fact, he explicitly
claims that the "distinctive contribution of a sociological approach to morality . . . is
not to tell people what they ought to do in situations of moral complexity, but rather to
help individuals discover and apply for themselves the moral rules they already, as social
beings, possess" (ibid., p. 211). But if such is die case, it is unclear why people need so-
ciologists in such a task rather than, e.g., rabbis, bartenders or psychotherapists.
11. Wolfe's efforts to descientize sociology is tantamount to throwing in the towel
after over a century of systematic efforts to develop the discipline as a "social science."
It would self-consciously turn sociology into what it was immediately after the Civil
War, before it sought to become a science. Cf. Stephen Park Turner and Jonathan H.
Turner, The Impossible Science: An Institutional Analysis ofAmerican Sociology (New York: Sage
Publications, 1990), pp. 1 Iff. This honest concession by Wolfe, however, should also
acknowledge the failure of the project that the scientization of sociology was meant to
fulfill, i.e., to legitimate as universally valid the moral tenets of secularized Protestantism;
THE EMERGENCE OF FEDERAL POPULISM 19
and thus caution against the desirability of developing and imposing an hegemonic moral
code in an increasingly heterogeneous society. The history of "sovietization" and of the
American welfare state are the most vivid testimony of recent failures of such a project.
12. Contrary to Wolfe's efforts to recycle sociology as the moral philosophy of
"civil society" as a counterweight to political science's and economics' encroachment
into its alleged domain by universalizing the state and the market, the Turners show
that the present demise of sociology is a result of the diversification of the field in re-
sponse to shifting student interests and the failure to develop a social science from the
1920s to the 1950s. Originally sponsored by the likes of the Rockefeller and Ford foun-
dations as the scientization of Protestantism and, as such, as the universally valid basis of
government policy, sociology's true calling as the intellectual arm of the bureaucratic ap-
paratus was subverted by the spontaneous rise of critical sociology and the resulting in-
ternal disintegration of sociology as a discipline. Cf. Turner and Turner, op. tit., pp.
179-196; and Arthur J. Vidich and Stanford M. Lyman, American Sotiology: Worldly Rejec-
tions of Religion and Their Directions (New Haven, CT: Yale University Press, 1985).
20 PAUL PICCONE
16. This is the process Carl Schmitt described as that "motorized legislation"
brought about by legal positivism's attempt to externalize and codify all previously
internalized norms. It is part of that process Adomo and Horkheimer described as the
dialectic of enlightenment, where the domination of the concept inexorably leads to the
reversion of enlightenment into myth, i.e., the hypostatization of particular mythological
values above all else. In Schmitt's formulation it became the cancer of the modern age
and brought about the eventual instrumentalization and delegitimation of law into mere
legality, the increasing deployment of super-legality understood precisely as the
hypostatization of particular values above the law, and the inevitable disintegration of
liberal democratic regimes — a disintegration already prefigured by the withering of
the Soviet state. For a discussion of these concepts, see Carl Schmitt, "The
Plight of European Jurisprudence," in Telos 83 (Spring 1990), pp. 35-70.; G. L. Ulmen,
Politischer Mehrwert: Eine Studie iiber Max Weber und Carl Schmitt (Weinheim: Acta huraa-
niora, 1991), pp. 69-86 and 408-448; and Michele Nicoletti, Trascendenza e Potere: La
Teologia Politica di Carl Schmitt (Brescia: Marcelliana, 1990), pp. 353ff. Even Habermas
acknowledges that this bureaucratic modus operandi of the welfare state disintegrates so-
cial life (op.tit.,pp. 58-59). However, his solution, i.e., "the establishment of new forms
of life," presupposes the existence of that "undamaged subjectivity" he has finally ac-
knowledged to be a counterfactual pipe dream (ibid., p. 69). Either communities ra-
tionalize themselves according to their own logic, or it does not happen. Their particu-
larities must be allowed to unfold according to their own dynamics, in relation with
other competing communities. These particularities are ultimately totalized within a
broad teleological project, but not rnrough communication or language, and certainly
not by sociologists. See Paul Piccone and G. L. Ulmen, "Schmitt's 'Testament' and the
Future of Europe," in Telos 83 (Spring 1990), pp. 3-34.
THE EMERGENCE OF FEDERAL POPULISM 23
17. Even more than American populism, its Russian counterpart has been the vic-
tim of considerable historical distortion, beginning with Engels himself, during the pe-
riod after Marx' death, when he began to codify historical materialism into the "ortho-
dox Marxism" of the Second International that eventually became frozen into the
dogma of Marxism-Leninism. See Franco Venturi, Studies in Free Russia, trans, by
Fausta Segre Alsby and Margaret O'Dell (Chicago: University of Chicago Press, 1982),
pp. 238-240. Thereafter Lenin and all subsequent communist historiography simply
dismissed Russian populism as a backward-looking petty bourgeois aberration in die
19th century, dumped into the infamous dustbin of history once Leninism, die one
and only true revolutionary dieory and practice, came on die scene. In spite of dissent-
ing interpretations by scholars such as Franco Venturi, Isaiah Berlin, Richard Pipes
and odiers, this dogmatic interpretation remained predominant well into the early
1970s, when Polish apparatchiki such as Andrzej Walicki, elaborating Lenin's sacred
texts, would still insist diat populism was not even a movement but only die ideology of a
sector of die Russian intelligentsia having little to do with real popular aspirations. See
his "Russia," in Ionescu and Gellner, op. tit., pp. 90-91. This article is a shorter version
of his equally questionable book The Controversy over Capitalism. Studies in the Social Philoso-
phy of the Russian Populists (Oxford: Oxford University Press, 1969). It is noteworthy that
some of die pages of Isaiah Berlin's introduction to the standard text on die subject
[Franco Venturi, Roots of Revolution. A History of the Populist Movements in Nineteenth Century
Russia (London:Weinfeld and Nicholson, I960)] could have come direcdy out of die
best accounts of American populism by Lasch, Goodwyn or Norman Pollock (cf. his
The Just Polity: Populism, Law and Human Welfare [Chicago: University of Chicago Press,
1988]). For a summary comparison of Russian and American populism, see Gianna
Pomata, "A Common Heritage: The Historical Memory of Populism in Europe and die
United States," in Harry C. Boyte and Frank Riessman, eds., The New Populism: The Politics
of Empowerment (Philadelphia: Temple University Press, 1986), pp. 30-50.
24 PAUL PICCONE
18. It is not a coincidence that, in analyzing the causes of disintegration in the for-
mer USSR and the former Yugoslavia, Veljko Vujacic and Victor Zaslavsky point to the
very same social dynamics at work in the US. See "The Causes of Disintegration in the
USSR and Yugoslavia," in.Telos 88 (Summer 1991), pp. 120-140.
19. Lasch has carefully reconstructed how liberal attacks on middle class values
and institutions in the US has triggered the recent resurgence of populism — especially
its New Right variety. Cf. Lasch, op. cit., pp. 476ff.
THE EMERGENCE OF FEDERAL POPULISM 25
20. That this is neither a particularly novel development nor one limited to the US
can be seen in the first line of Ionescu and Gellner, Populism, op. tit., where they modify
the opening phrase of The Communist Manifesto to read that: "A spectre is haunting the
world — populism."
21. After attempting to review and classify most of the available literature with the
help of Wittgensteinian mystifications such as "family resemblances" and "cluster
concepts" in order to develop a satisfactory social-scientific definition of "populism,"
this is roughly what Margaret Canovan concludes, while wishing that the concept had
never been developed in the first place. See her Populism (New York: Harcourt, Brace
andjanovich, 1981), p. 301. For a radically different account, see Lawrence Goodwyn,
"Rethinking 'Populism': Paradoxes of Historiography and Democracy," in Telos 88
(Summer 1991), pp. 37-56.
22. Although such crudely ideological accounts of populism are still predominant
in the US (cf. the front page of The New Republic of November 25, 1991 with the heading
"The New Populism" direcdy above a picture of David Duke, meant to associate
populism with racism) they are rapidly disappearing from serious scholarship.
Abroad, however, the situation remains nothing short of disgraceful — even in other-
wise respectable academic publications. Thus, a special "dossier" in the French jour-
nal Cosmopolitigues, No. 18 (February 1991) devoted to the theme "Populisme: Le Mai
Europeen?" exhibits not only an appalling ignorance of the voluminous literature on the
subject (none of it is mentioned), but displays in the process most of the self-contradic-
tory features of late 20th century liberalism. Thus, while grudgingly acknowledging
that democracy is "the government of the people," Georges Ayache immediately adds
the qualification that this means representative democracy since the people's immediate
instincts are not to be trusted and, after all, only "competent representatives" can
guarantee "freedom, well-being and integrity" [ibid. p. 7). Although in an interview
(appropriately tided "Le populisme ou le refus de la complexite du monde," p. 50)
26 PAUL PICCONE
Thierry de Beauce admits that populism may have to do with "crises of political repre-
sentation," he insists on branding populists "the declared enemies of representative de-
mocracy," notwithstanding the fact that populism has historically sought to remedy
precisely these "representational deficits" with participatory democracy. At any rate, the
whole operation is meant to identify tout court populism with Le Pen's National Front,
demagoguery, know-nothingism, nostalgic longing for long-gone communities (p. 16),
standard anti-intellectualism (p. 22), and the "reduction of the complexity of social life to
some of its extremely schematic features" (pp. 24 and 43). While condemning populism
as unequivocally "reactionary," the whole dossier turns out to be a tired apology for ex-
isting political institutions by calling for a "deepening of our democracy" and envi-
sioning "renewed forms of citizenship (pp. 52-53) — precisely what populists have his-
torically sought. In the entire dossier there is no mention of American populism and
the couple of short simplistic articles on Russian and East European populism are
concerned almost exclusively with anti-Semitism. For a careful reconstruction of
populism's political philosophy — although focused only on early American populism
— see Norman Pollack, op. cit. The growing literature on the subject is so extensive that it
is impossible to cite. For a partial list see Boyte and Riesman, op. cit., pp. 319ff.
23. Lawrence Goodwyn, Democratic Promise, op. cit., pp. 542ff. Although he analyzes
Kansas populism in dubious class terms, Scott G. McNall comes to roughly similar
conclusions in his The Road to Rebellion: Class Formation and Kansas Populism, 1865-1900
(Chicago: University of Chicago Press, 1988).
24. Harry C. Boyte, Heather Booth and Steve Max, Citizen Action and the New Ameri-
can Populism (Philadephia: Temple University Press, 1986). Cf. also Harry C. Boyte,
Common Wealth A Return to Citizen Politics (New York: The Free Press, 1989). While rich
in raw information, Boyte's account is theoretically sloppy, superficial and self-contra-
dictory. Whenever his analysis runs into conceptual problems the narrative fades into
the anvjctodal mode. As such, it readily feeds into the popular stereotype of populism
as a useless theoretical mishmash.
25. Cf. E. J. Dionne, Why Americans Hate Politics (New York: Simon & Schuster,
1991), pp. Chs. 1 and 2.
THE EMERGENCE OF FEDERAL POPULISM 27
only the rise of the New Left but also Barry Goldwater's campaign in
1964, followed by George Wallace's American Independent Party in
1968, Jimmy Carter's 1976 defeat of the Democratic Party's liberal estab-
lishment, up to Ronald Reagan's "revolution" in the 1980s. It presuppo-
ses what European political scientists call "transversal politics," which
transcend the standard Left/Right division to vindicate local autonomy,
traditions and customs against bureaucratic encroachments by exter-
nal exploiting agencies.
Unfortunately, old mental habits are difficult to shake and populists
with New Left backgrounds tend to remain mired in traditional political
dogma contraposing the "reactionary" populism of the New Right to
their own, new and improved "progressive" brand. In so doing, however,
they destroy the originality of populism understood as the vindication of
people's really existing cultures, traditions and customs. The privileging of
"progressive" populism allows them to project onto populism, and thus
substitute for it, a Left-liberal Enlightenment ideology, thus perpetuating
precisely that same substitutionist elitism Lasch attacks as one of the fun-
damental flaws of 20th century liberalism.26 Consequently, their "pro-
gressive" populism turns out to be a warmed-over version of codified
1960s New Left ideology (understood not in its early form, as a vindica-
tion of participatory democracy, tolerance and axiological heterogeneity,
but in its late corrupted version as merely a self-rightous call to make die
existing system, arbitrarily redefined according to liberal values, live
up to its promises by whatever means necessary).27 The only possible
outcome is another call for the rationalization of existing padiological
26 For particular examples of how this substitutionist strategy works, see Russell
A. Berman, "Popular Culture and Populist Culture," in Telos 87 (Spring 1991), pp. 59-
70; and "Intellectuals and the Gulf War in Germany and in the United States," in Telos
88 (Summer 1991), pp. 167-180.
27. Typical of this simplistic approach is the anthology edited by Boyte and
Riessman, The New Populism, op. tit., which opens with an essay by Goodwyn criticizing
the ideology of progress as foreign to populism. Every other essay in the volume, how-
ever, proceeds to vindicate "good" progressive populism against "bad" conservative
falsifications. Boyte himself acknowledges in the Introduction that populism poses a
challenge to both Left and Right, but immediately proceeds along with most of his
contributors to associate populism tout court with late New Left ideology. The book's
"political correctness" is further demonstrated by vacuous discussions of "feminist,"
"disabled," "minority," etc. versions of populism. That populism aims, first and fore-
most, at the revitalization and reconstitution of communitarian traditions and customs
where such bureaucratic designations make no sense and whose deployment consti-
tute what in Habermasian language amount to strategies to colonize the lifeworld
(since communities' internal divisions are not a function of abstract universal determi-
nations but of internalized traditional norms) is readily forgotten in a scatterbrained
celebration of populism as "a night in which all cows are black."
28 PAUL PIC CONE
28. Even careful critics such as Dionne [op.tit.)fall into this trap when, after having
gone to great pains to describe many of the irreconcilable issues that split the Ameri-
can electorate, in the last chapter of his book he tries to pull a rabbit out of his hat in
the form of "the American political tradition," allegedly able to totalize magically all
constituencies and reconcile all differences. Such reconciliations and totalizations can
and have been successfully carried out by astute politicians for a long time, but at the
price of depoliticizing politics and thus unintentionally pointing to this state of affairs
as providing the answer to the question Dionne uses as the tide of his book. Other at-
tempts to recycle analogous republican politics, such as Lasch's, are more realistic
and, consequendy, end up with pessimistic conclusions concerning dieir chances of
success.
JO PAUL PICCONE
29. It is not an accident that, in his struggle against what eventually became the
predominant philosophical positions of the Second and Third International, Antonio
Labriola redefined Marxism as "the philosophy of praxis." Although Gramsci developed
this approach in terms of what he sought to articulate as the particularities of national
life and popular culture, the whole effort shipwrecked in subsequent crude econo-
mistic reinterpretations of "cultural hegemony" as the equivalent of successful propa-
ganda and of praxis as politically determined labor, i.e., as organizing. At any rate,
Gramsci's project of cultural hegemony was an attempt to rationalize the traditional
lifeworld, the existing nomos, on the assumption that such a rationalization would natu-
rally take place along Marxist lines — an intellectualistic illusion not altogether differ-
ent from Habermas' hope that the defense against die colonization of the lifeworld
will automatically result in the universalization of the purposive rationality allegedly
inherent in undistorted communicative practices. Cf. Paul Piccone, Italian Marxism
(Berkeley, CA: University of California Press, 1983).
30. Although originally articulated by Heraditus at the dawn of Western philoso-
phy as the divine world order (Cf. Werner Jaeger, Paideia: The Ideals of Greek Culture
[New York: Oxford University Press, 1965], pp. 151-184), nomos reappears in contem-
porary political theory through Carl Schmitt, who traces it back to the Sophists, before
Cicero mistranslated it as lex, thus occluding its territorial, communitarian and tradi-
tional connotations. Schmitt, however, specifically articulated the concept in terms of
the dissolution ofthejuspublicum Europaeum and its implications for his particular disci-
pline, constitutional and international law. Cf. Carl Schmitt, Der Nomos der Erde im
Volkerrecht desjus Publicum Europaeum (Berlin: Duncker & Humblot, 1978). In his essay
on "Nomos — Nahme — Name," [in Siegfried Behn, ed., Der besta'ndige Aufbruck
Festschrift, fur Erich Pnywara (Nuremberg: Clock und Ludz, 1957)], however, Schmitt
traces language itself back to nomos and thus prefigures the Wittgensteinian themes of
the Lebensformen and "language games," and Foucault's notion of genealogy as radical
alternatives to abstract enlightenment universalism — what post-modernists call
"logocentrism" and the elitist managerial ideology of late liberalism. Cf. also Ulmen,
Politischer Mehrwert, op. tit., pp. 301-317. Ulmen emphasizes how for Schmitt the con-
cept of nomos unfolds in three stages: land appropriation, division and production. Its
last configuration corresponds to Marx' notion of "the mode of production" without,
however, following the orthodox Marxist degradation of the extra-economic "super-
structure" to the level of an epiphenomenon. A populist concept of nomos would com-
bine both die Marxist base and superstructure without serializing its particular manifes-
tation widlin the unilinear theory of history dogmatically accepted by bodi Marxism
and liberalism.
THE EMERGENCE OF FEDERAL POPULISM Jl
31. Some subsequent articulations of Savigny's ideas focused on the Volksgeist and
contributed significantly to 20th century racism and National Socialism. This outcome,
however, is only one historical possibility among many. The alternatives are not limited
to a contraposition of the abstract universalism of the Enlightenment and the irrational
particularism of most 20th century conservative thought. For a possible synthesis along
federal lines, see Paul Piccone and G. Ulmen, "Schmitt's 'Testament'..." op. cit., pp. 26-
28; and Ulmen, Politischer Mehrwert, op. cit., pp. 74ff.
32 PAUL PICCONE
Constitution and, after the Civil War, determined the structure of the
US as a nation, includes plurality, tolerance and autonomy as integral
parts. Because of the growing demographic heterogenization resulting
from both voluntary and, earlier, involuntary immigration, the original
American identity necessitated its self-denial in the very process' of be-
coming objectified in a nation-state. When the US as a nation began to
codify its federal Constitution into the welfare state this paradoxical
predicament resulted in an axiologically minimalist project whose
realization presupposed the prior homogenization of its constituency.
In carrying out this project of cultural homogenization, however, the
welfare state did not generate a new nomos — since nomoi cannot be cre-
ated by bureaucratic fiat — but only extended the existing one while
having to deny its very existence.
In discussing the US in die closing pages of his Verfassungslehre
(1928), Schmitt pointed out that the federal government could not rec-
ognize minorities as political entities since their claim to embody a
particular nomos implied diat they were nations in mice and dierefore
incompatible widi the existing and developing American nation.32 The
only approach he envisioned at that time was the one actually being
followed by the government, i.e., to regard all members of these
minorities merely as abstract individuals like everyone else. In the late
1920s such a solution was still viable only to die extent that the US was
still in the early phases of transition from a federation strictu sensu to a
nation. But as a contractual intra-national document — even if an incon-
sistent one based on democratic foundations ("We, die people . . . " instead
of "We, the states . . .") — the Constitution could not substitute for a na-
tional nomos. Even die most imaginative readings of die Bill of Rights
could yield little more in die way of substantive values dian die protec-
tion of a few rights of abstract individuals and die pursuit of happiness
operationalized into consumerism. Thus it is not surprising diat the final
product of diis long and painful process of building a nation out of die
original federation, accelerated during die shift from entrepreneurial to
state-organized capitalism under conditions of severe economic crisis,
turned out to be a technocratic redistributive welfare state.
Lacking a viable axiological foundation dearly defining its mandate
beyond a vague injunction to safeguard die stability of die system, die
welfare state could not avoid remaking die constituency in its own image.
Thus it continued die process of homogenizing and politically deactivat-
ing die populace not only in order to dientize and control it but also
32. Carl Schmitt, Verfassungslehre (Berlin: Duncker & Humblot, 1970), pp. 388-391.
THE EMERGENCE OF FEDERAL POPULISM 33
33. This is precisely what happened to bureaucratic collectivist regimes which de-
ployed similar strategies of social rationalization. The Soviet Union withered when a
terminal economic crisis precipitated by the growing irrationality of a system no longer
run by more or less autonomous individuals but by state-dependent apparatchiki gradu-
ally curtailed the central government's redistributive options. Although the current re-
surgence of populism is not predicated on standard theories of the economic crash
(Zusammenbruchstheorie) — a trademark of the Second International's determinist out-
look — to the extent that economic crises vividly document the system's shortcomings
they tend to lend legitimacy to populist critiques.
34 PAUL PICCONE
34. Adolph L. Reed Jr. has explained these events precisely in terms of the
bureaucratic destruction of residual nomoi understood not as parts of some mythical
African culture buried in the collective unconscious but as internalized community
practices developed over decades of struggling against institutionalized racism in the
South. Cf. his "Black Particularity Reconsidered," in Telos (Spring 1979), pp. 71-93.
From diis, however, over a decade later Reed opportunistically concludes that, since
racial oppression was part and parcel of government policies, it is the government's re-
sponsibility to remedy its consequences through more affirmative action and other
programs which have, at best, only benefited a small upwardly mobile black middle
class. See Adolph Reed Jr. and Julian Bond, "Equality: Why We Can't Wait," in The
Nation (Dec. 9, 1991), pp. 733-737. Since the government cannot reconstitute any re-
sidual Afro-American nomos, Reed's call for more government intervention in the
black community will probably succeed in securing a few more affirmative action ap-
pointments in prestigious universities, while contributing to further disintegration and
dependence in the urban ghettos.
THE EMERGENCE OF FEDERAL POPULISM J5
Post-Liberal Populism
As bureaucratically-coopted populism, multiculturalism cannot re-
medy the welfare state's axiological deficits because the reified hete-
rogeneity it legitimates does not correspond to any spontaneously
lived practices and only seeks to substitute for the administrative impo-
sition of an extraneous homogeneity an equally extraneous heterogeneity.
The problem with the earlier Americanization strategy, however, was
not homogeneity as such. Rather, it had to do with the fact that it was
administratively imposed. These efforts in the past half century have
tended to accelerate the disintegration of remaining nomoi without
actually substituting new ones, thus leaving in their wake a state of
normlessness and community disintegration legitimating further bu-
reaucratic intervention and the increasing tendential bifurcation of so-
ciety into a New Class managerial elite and its disenfranchised clients
— the liberal coalition that has displaced the traditional working class
as the main constituency of the American Democratic Party.
No longer confident of being able to constitute technocratically a
new nomos defining an American nation smoothly run by an efficient
bureaucratic apparatus of New Class professionals, the welfare state's
sponsorship of multiculturalism ends up relegitimating existing rela-
tions of domination, privilege and socio-economic inequality by redi-
mensioning the role of die central goverment.35 Having feudalized cul-
ture into zbellum omnium contra omnes, the welfare state — itself pretend-
ing to proportionately represent the country's racial, ethnic, linguistic,
religious etc. make-up — seeks to become the only neutral mediator
able to adjudicate among the permanently warring factions in manag-
ing and redistributing die fiscally appropriated social surplus. But to
the extent diat this process of artificial multiculturalization direcdy af-
fects only a small, although highly vocal and visible, upwardly mobile
segment of die bureaucratic apparatus, leaving the rest of die newly
designated cultural minorities as disempowered and alienated as ever,
it cannot generate the kind of political constituency whose support it
needs to remain in power. Growing populist opposition to its costs and
questionable practices threatens to translate into demands for institu-
tional reforms to redimension and decentralize this increasingly coun-
terproductive and self-destructive bureaucratic apparatus, and dius to
re-empower local communities to the point of creating conditions
within which new regional nomoi can actually be reconstituted.
36. Renato Mannheimer, ed., La Lega Lombarda (Milan: Feltrinelli, 1991), p. 194.
Since the publication of this work, the League registered spectacular electoral successes in
the fall 1991 local elections to the point of gaining a relative majority over all other traditio-
nal political parties in Brescia, probably Italy's most industrialized and prosperous city.
THE EMERGENCE OF FEDERAL POPULISM 39
37. Ibid., p. 32. This negative evaluation of the performance of the Italian central
government is by no means limited to the League, but is widespread. For a similar
analysis from a New Class perspective concerned widi merely rationalizing the existing
system by substituting a decentralized "welfare society" for die present "welfare
state," see Ugo Ascoli, "Dopo il Welfare State aH'taliana," in Problemi del Socialismo, No.
5 (Rome: Francoangeli, 1992), pp. 157-175.
38. Mannheimer, op. cit. pp. 20-21.
40 PAUL PIC CONE
the Italian political spectrum and simply came to duplicate other social-
democratic parties which by that time had themselves become purely
technocratic organizations with no particular ideological predilections.
At that point the Party found itself without whatever attraction it may
once have had bodi for that more idealistic part of its electorate still long-
ing for radical changes and for its more traditional working class sectors
for which sovietization remained irreversibly associated with moderniza-
tion, equality and social justice. Thus it is no accident mat widi die begin-
ning of die disintegration of die Soviet Union die Party has formally
changed its name and split into two slowly dwindling splinter groups
representing respectively diese two different traditional constituencies.
Coming at a time of increasing political corruption, criminality and
normlessness — and actually closely associated widi diese phenomena
— die collapse of die Cadiolic and Communist sub-cultures left a vac-
uum in die national consciousness which die Lombard League has
rushed to fill by appealing to a new collective identity39 predicated on
regional nomoi. It is its focus on territorial identity and, consequendy,
on die need to re-federalize a national structure diat is slowly losing
whatever original identity it may have once had diat sharply distin-
guishes the League from odier earlier traditional populist formations.
This is the result bodi of political choices as well as of practical
necessities. Since during die past five centuries Lombardy has been
under successive Spanish, French and Austrian domination, and more
recendy has experienced considerable immigration, even if it wanted
to die League could not possibly have been able to constitute itself
around edinic, linguistic or religious criteria.40 Consequently, aldiough
vision of the past and commits it to the creation and development of new nomoi able to
translate new needs and modes of interaction into new forms of social consciousness in a
context where the Italian welfare state, the last vestige of an obsolete, residual 19th
century nation-state, has shown itself clearly incapable of carrying out such a task.
41. Biorcio, op. cit., p. 71.
42. Paolo Natale, "Lega Lombarda e Insediamento Territoriale: Un'Analisi Ecolo-
gica," in Mannheimer, op. cit., pp. 118ff.
42 PAUL PIC CONE
43. Cf. Giorgio Bocca, La Disunita d'ltalia (Milan: Garzanti, 1990); and Luciano
Balbo and Ludovico Marconi, / Razzismi Impossibiii (Milan: Feltrinelli, 1990). For a par-
ticularly superficial and misinformed account, see Marco Martiniello and Paul Kazim,
"Italy: Two Perspectives. Racism in Paradise?" in Race & Class (January-March 1991), Vol.
32, No. 3, pp. 79-89. Kazim identifies the League as "an extreme right-wing group advo-
cating separatism for the rich Lombardy region . . . and fanning popular resentment
against immigrants." As evidence both Martiniello and Kazim provide a conspiratorial
account of one of several incidents of the police break-up of a make-shift encampment of
illegal jobless immigrants, allegedly to appease the extreme Right, i.e., the League. The
clear implication is that these immigrants are essential to the hidden economy, but the
racist local population is unwilling to treat them fairly and pay them a living wage. What
actually happens is that illegal immigrants from disintegrating, poor Third World
countries do make their way to industrial areas with occasional labor shortages in the
more manual occupations, and local, usually social-democratic, authorities not only al-
low immigrants to come in but also to set up make-shift encampments with inhuman liv-
ing conditions. The severe social problems and overload of already inadequate existing
services these encampments create are directly felt by the local people, but generally ig-
nored by die normally inept and unresponsive central government and local authorities.
Most of the time die only way local residents can attract die authorities' attention and
contain die various health and odier social problems by providing the people in die en-
campments widi minimal help is dirough acts of civil disobedience which are imme-
diately perceived as racist. While some of the people involved may, in fact, be racist, by
and large most League supporters want only a clear governmental policy regulating im-
migration so that those immigrants who do come are provided widi at least minimal sup-
port. For a much more balanced analysis of the League which discusses most of these is-
sues without distorting its program or its oudook, see Dwayne Woods, "Les Ligues
Regionales en Italie," forthcoming in Revue Fran/pise de Science Politique.
44. Biorcio, who has specifically studied diis question dirough extensive surveys of
die Lombard League's constituency, has concluded that "die correlation of localism
with anti-Southern feelings is statistically insignificant." Ibid., pp. 60-61.
45. Natale, op. tit., p. 119.
THE EMERGENCE OF FEDERAL POPULISM 43
46. Ibid., p. 107. Cf. also Umberto Brindani's interview with Umberto Bossi, the
League's leader, "Macche Piccone. Bulldozer!" in Panorama (December 8, 1991), p. 45.
47. This is roughly what is happening within large multinational corporations
such as IBM, which are slowly coming to realize how the myth of centralization and
bureaucratization threatens to drive them into bankruptcy.
44 PAUL PICCONE
every strata of society, they are generally younger than the average voter,
middle-class, well-educated, and entrepreneurial in orientation.48 Far
from being on the margins of society or the victims of social disloca-
tions, the League membership has been described as an integral part
(lo zoccolo duro) of the system.49 When the League electorate is broken
down according to classes, the only significant difference that could be
found was that while the working class tended to emphasize regiona-
lism as the League's most important feature, the better educated mid-
dle class focused instead on anti-bureaucratic opposition.50 In a study
of the large number of fringe sympadiizers likely to vote for the League
in future elections, Ilvio Diamanti came up with roughly the same re-
sults, with an "efficientist" wing of young people, middle class, "post-
materialist," anti-party and anti-bureaucratic, and a "particularist"
wing composed of older, working class, Catholic voters coming usually
from right-wing parties.51
Since the Leagues are a political response to structural dysfunctions
typical of all Italian regions and, more broadly but to a lesser extent, of
all Western European regions, what all this means is die likelihood of the
growth of similar regional Leagues throughout Italy and Europe in the
immediate future. As comparable problems of bureaucratic inefficiency,
unresponsiveness, waste, corruption and, most importantly, axiological
deficits resulting from die vacuity of liberal democracy's Enlightenment
universalism intensify, die kind of federal populism being developed by
die Lombard League may well become die model for similar new politi-
cal formations.
The paradox today is that while the disintegration of liberalism and
die welfare state is triggering grass-roots phenomena such as the Lom-
bard League in Northern Italy and corresponding populist responses
elsewhere, Western Europe is attempting to unify along precisely the
kind of standard welfare state parameters which are proving to be in-
creasingly bankrupt, as they are predicated on die primacy of member
nations and central bureaucratic authority. The question today is
whedier a new federal populism will proliferate fast enough to redirea
die project of West European unification along decentralized federal
lines and prevent Europe from reinventing Washington.
48. Renato Mannheimer, "Chi Vota per la Lega?" in Mannheimer, op. cit., pp.
130-134.
49. Biorcio, op. cit., p. 34.
50. Mannheimer, op. cit., pp. 1476-147.
51. Ilvio Diamanti, "Una Tipologia dei Simpatizzanti della Lega," in Mannheimer
ed., op. cit., pp. 178-182.