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Checks and Balances on the Judiciary
Checks and Balances on the Judiciary
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Question 3
As a direct result of how the system of “Checks and Balances” is set by the Constitution, do you think there is any specific branch of the national government that does not have enough power to properly protect the rights of citizens? For this question, choose one of the branches and explain why it is prevented specifically by the system of “Checks and Balances” from being able to properly protect citizen rights.
Checks and Balances on the Judiciary
Each part of government is responsible for supervising the other features and prohibiting any arm from being overly superior, thanks to the checks and balances system. In the United States, the Checks and Balances system is under the Separation of Powers. Checks and balances are often only used in democratic nations. In three-part governments, such as the one in the United States, where power is divided among the executive, legislative, and judicial branches, they play an important function. Due to the checks and balances system, the judicial branch does not have enough power to adequately protect the citizens’ rights. This paper discusses the system of checks and balances. It also evaluates the judicial branch of government and how it is restricted in power by the checks and balances system hence not fully serving the citizens.
The System of Checks and Balances
The several measures referred to as checks and balances are used to minimize risks, deter improper behavior, or limit the likelihood of dominance accumulation. Checks and balances typically make sure that no one branch of government has total authority over choices, specify who is responsible for what tasks, and compel cooperation among the branches (Ginsburg & Huq, 2018). The term “checks and balances” in the American government describes the division of power within the government, which is made possible by creating three distinct branches: the executive, judicial, and legislative branches. Each has an exclusive set of powers, which allows them to balance their authority.
Polybius, a Greek politician, was the first to initiate the idea of checks and balances as a separation of powers regarding the old Roman government. As a historian, Polybius divided the old Roman Empire’s mixed Constitution into three primary categories; democracy which was the people, aristocracy, which was the Senate; and monarchy, which was represented by the consul (Ginsburg & Huq, 2018). He had a significant impact on later conceptions of the division of powers. Baron de Montesquieu, a French scholar who lived during the Enlightenment Age, wrote about the importance of the division of authority in his book entitled The Spirit of Laws.
The division of powers among the three departments of government established by the US Constitution accords the federal government checks and balances. The Constitution grants each branch unique powers to guarantee that no one arm of the government might amass an overwhelming amount of direct authority (Ginsburg & Huq, 2018). The U.S. government uses checks and balances in several ways. Firstly, the legislative branch of the government is responsible for passing regulations. However, the executive branch grants the President the power to block any legislation, enabling the President to control the legislative branch.
Furthermore, particular regulations may be declared illegal and rendered invalid by the judicial branch of the government, which evaluates the regulations created by the legislative branch. The legislative branch can also override the President’s power with a two-thirds “supermajority” vote in the two houses of Congress, despite the President’s complete authority (Potrafke, 2018). As a result, the President is prevented from abusing his position for self-gain. The judicial branch has the authority to declare executive directives, which state how particular regulations should be applied, unlawful.
The Judicial Branch of Government
The federal court system regularly engages with the executive and legislative branches despite working separately from them due to the fact that the Law guarantees it. Federal laws are approved by Congress and signed into effect by the President. The judicial branch resolves other lawsuits and decides if national laws are valid. However, to ensure that court orders are followed, judges depend on the executive branch of the government (Makogon et al., 2018). The courts decide what truly happens and what is necessary to do about it. They decide if an individual did something wrong and the severity of the penalty. They also provide a diplomatic means of resolving particular conflicts that parties are unable to resolve by themselves. Some issues or misdeeds are adjudicated in proceedings, while others are addressed in federal courts, depending on the issue or accusation.
The United States’ top Court is the Supreme Court. It was entrenched beneath Article III of the U.S. Constitution, allowing Congress to validate legislation and create a series of lower courts. Ninety-four district-level trial courts and thirteen appeals courts are found underneath the Supreme Court in the present-day national judiciary composition (Morone & Kersh, 2018). The appellate courts are another name for the courts of appeals. Twelve regional courts, each having an appeals court, constitute the ninety-four federal judicial districts. The extent to which the rule was suitably implemented in the trial court is something that the appellate Court must determine. Three judges are found in appeals courts, which do not operate with juries. A court of appeals assesses appeals from alternatives taken by National administrative authorities and petitions to district court discernments from courts within its jurisdiction (Makogon et al., 2018). The Court of Appeals for the National Court also has national competence to hear appeals on complex issues, such as intellectual property laws and those determined by the International Trade Court and the Federal Claims Court.
The ninety-four District courts find solutions to issues by assembling important records and using regulatory guidelines to regulate who is right. There is a district judge in trial courts who controls the hearing and a jury who provides the adjudication. These judges work with magistrate judges to put together cases for hearings. They could also carry out petty case trials. Each state, as well as the District of Columbia, has at minimum one trial judge. As a division of the district court, each district has a U.S. bankruptcy court (Morone & Kersh, 2018). U.S. district courts that hear national proceedings and bankruptcy claims are located in four American territories. These are the Northern Mariana Islands, Guam, Puerto Rico, and the Virgin Islands. Additionally, there are two distinctive trial courts. Most claims for civil penalties against the U.S. government are handled by the Federal Claims Court, whereas the International Trade Court focuses on disputes concerning international commercial and customs rules.
Cases involving individual, commercial, or farm bankruptcy are solely within federal courts’ purview. Thus, no bankruptcy case may be brought before a state court. People or corporations unable to compensate their lenders can either obtain a court-supervised liquidation of their property through the bankruptcy procedure, or they can restructure their finances and put together a strategy to repay their creditors (Makogon et al., 2018). Three-judge panels known as Bankruptcy Appellate Panels (BAPs) are qualified to adjudicate bankruptcy court judgments. The federal appeals courts must create these teams because they are a part of those courts. Several Article I, or legislative courts, which lack full judicial authority, were established by Congress. The ability to hear allegations at the heart of habeas corpus disputes and render a final adjudication on all federal and constitutional law matters is known as judicial power.
How the System of Checks and Balances limits the Judiciary
The checks and balances system restricts the Judiciary’s authority in many ways. One manner is that, in addition to the judicial branch interpreting laws, the President appoints district court judges, justices of the Supreme Court, and judges of the Court of appeals (Tucker, 2018). The President must ensure that the candidates he provides to Senate for vetting are up to the task. There is a possibility that the selected candidates do not meet the position requirements since the President may not be well knowledgeable on judicial matters. The President mainly relies on advisors to develop a list of candidates the Senate will vet. Although the legislative branch’s Senate approves the President’s candidates for judicial positions, Congress can remove any of those judges (Tucker, 2018). The Judiciary has no say on who is to be part of it. Its leadership and work positions rely on the President, the Senate, and Congress.
A statute can then be invalidated, which is known as judicial review. However, the Supreme Court is monitored because the President and Senate choose and confirm the Court’s members accordingly. Additionally, Congress can convict the president and federal judges of high-level offenses and felonies such as treason or corruption. There is a possibility that the judges in the Judiciary may be forced to commit illegal activities, such as convicting an innocent person or freeing a guilty person to gain favors from members of the Senate or Congress (Tucker, 2018). This highly promotes illegal activities. There has also been a rise in the number of judges involved in corruption to keep their jobs. Since the Senate vets the candidates appointed by the President, the chosen candidates may try to buy the loyalty of the members of the Senate to increase the chances of them getting the job. A lot of corruption and nepotism are involved in the vetting, appointing, and firing judges at the Judiciary.
Conclusion
Based on research, the separation of powers through the system of checks and balances ensures that all three branches of government are doing their work as they should. However, the system may need improving since some loopholes have come up over time. The fact that the appointment of the judges in the Judiciary entirely depends on the other two branches of government has led to illegal activities. The Judiciary should have an independent body that deals with appointing, vetting, and firing the judges. The independent body should ensure that the appointed judges are up to the task. The independent body will also ensure that the appointed judges are chosen not based on their socioeconomic background, race, or nepotism but due on their skills, knowledge, and experience. By doing so, they will have reduced the chances of illegal activities within the government, and the government will be able to serve its people better.
References
Ginsburg, T., & Huq, A. Z. (2018). How to save a constitutional democracy. In How to Save a Constitutional Democracy. University of Chicago Press. https://www.degruyter.com/document/doi/10.7208/9780226564418/htmlMakogon, B. V., Markhgeym, M. V., Novikova, A. E., Nikonova, L. I., & Stus, N. V. (2018). Constitutional Justice in Circumstances of Public Authority Limits. Journal of History Culture and Art Research, 7(2), 722-728. http://193.140.9.50/index.php/ilk/article/view/1602
Morone, J. A., & Kersh, R. (2018). By the people: Debating American government. Oxford University Press. https://www.pearlandisd.org/cms/lib/TX01918186/Centricity/Domain/1238/GOVT_2305_PHS1_HOEFLER_221FA.pdf
Potrafke, N. (2018). Government ideology and economic policy-making in the United States—a survey. Public Choice, 174(1), 145–207. https://link.springer.com/article/10.1007/s11127-017-0491-3Tucker, P. (2018). Unelected power. In Unelected Power. Princeton University Press. https://www.degruyter.com/document/doi/10.23943/9781400889518/html
Musical Expressionism in the Twentieth Century
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Musical Expressionism in the Twentieth Century
It is in the twentieth century that significant development in the music industry was experienced differently from the past years. The artist significantly showed interest in the indulgence of an idealistic period or what can modestly be defined as emotionalism which depicted romance in a wide range of artistic styles. Expressionism was the most prominent artistic style in the twentieth century among other ways such as serialism, minimalism and musical theatre. Expressionism refers to the musical style that varies from the naturalism and practicality and seems to portray the inner experience in an emotional way different from the old artistic chic based on the representation of original descriptions. The composers of expressionism music have a unique notion of expressing their emotions by the used of fictions and exaggeration as well as through the use of appalling and gaudy colors. In this paper, musical expressionism in the twentieth-century discourses into a profound in consideration of its features, the central figures in the art during this era, its impact to the society as well as how it influences the music industry and other related genres.
The response towards the excesses of romantic era stimulated the occurrence of the musical impressionism during the late nineteenth century and later expressionism at the early twentieth century. Expressionism was the modernist movement that originated in Germany at the beginning of the 20th century. Expressionism common characteristic was representing the universe wholly from the subjective perspective and adopting the emotional impact for the benefit of stimulating people’s ideas. Physical reality is not among the music’s components as the expressionist music artists tend to express the emotive experiences. The style did not only spread in music but also in other artwork such as literature, film, theatre, painting, and dancing. The twentieth century seemed to be one of the most prominent and attention-grabbing periods in music where expressionism emerged among the most promising artistic styles. Music is a primary genre in the entertainment field that put across the composer’s ideas in a defined manner. It is a perfect way of passing the relevant message, expressing oneself as well as disclosing specific issues in the society in an entertaining manner.
It is interesting that the expressionism music art can be used to tell various decades and the prominent activities as well as the technology advancement. For instance, an excellent example is the musical expressionism of the twentieth century as it is significantly known and related to this specific era. Therefore, in this particular art composition, the author can tell the time it was published relevant to the societal development. The art of music had been there and applicable even before the twentieth century but there before it was fundamentally based on the reality as the artists could compose them with the intensive reliance of the natural happenings and images. Initially, the word expressionism was borrowed from the literature and visual art where the artists applied extreme emotions in exploring their unreal mentality (Salzman, page 22). The expressionism art is designated by the angular and distorted melodies composing wide leaps, high dissonance level, persistently varying textures and thrilling contrasts of dynamics. The response to positivism characterizes as the expressionist have a great emphasis on the individual expressive perspective.
Generally, musical expressionism has various features which are mostly depicted in the related artwork commonly composed during the twentieth century. Expressionism type of music is atonal in that it is not written in the any of the mode and key. In expressionism, some twelve semitones each with equal importance are given preference during its composition, instead of having the typical keys and chords. Every piece of this genre is confined to articulating a strong emotion depending on the artist’s interest and experiences. There is the complete use of pitch range instruments that enables the composer to examine the instrumental color that is experienced at the overindulgences of these equipment’s registers. The expressionism music has distinct pitch and intensity making its quality felt of more significance as the melody. It is as a result of the well-developed art that makes the instruments used to be perceived as part of the pitch as well as the sound (Riley, page 40). The consistency between the musical instrument s and the tone make this genre impressive and efficient in correctly expressing personal emotions.
All in all the composers during this era effectively uniquely participated in the entertainment that to a greater extent developed a background to the today’s music industry. In the world today, a significant portion of the music compositions are in a way or the other related to romance or expressing emotions. Also, the success of the genre is based on the artist’s creativity as well as the way of showing his or her ideas in a more attracting manner. Furthermore, strong dynamics are evident in the musical expressionism which ranges from the extreme quiet to full extent with regards to the composer’s intentions. It can be made to be more dramatic where it involves large bands where it can be done using equipment playing at a low tone to the full collaborative instruments playing loud music. The other unique trait is that the bits tend to be moderately short. It becomes challenging to compose a piece of substantial length without the outline of a primary structure as well as the use of identifiable themes which can be established in a traditional intellect.
Arnold Schoenberg and his student’s Alban Berg and Anton Webern emerge to be the central figures of the musical expressionism. The mentioned above team is significantly referred as the Viennese school who actively participated in coloring the music during the twentieth century and changing the antagonists from the old styles perceptions to more romantic and emotional ways. The expressionist music embraces the Schoenberg’s atonal twelve-tone music that lasted from 1908 to 20s. The period is significantly referred to as the “free atonal” era which depicted an instant and developmental change from the past tonal time. Generally, the advancement was inclusive of even the other music that shared the same qualities during this period. Looking at the Schoenberg work in an in-depth extent provides a precise understanding of the musical expressionism as he can be regarded as the fore founder and developer of the art.
“Erwartung” meaning expectation is a Schoenberg’s one-act drama that was composed during the year 1909. The exceedingly expressionist work, thirty minutes in length make use of atonal music where a nameless woman is featured in the central drama music (Lee, page 2). The woman has faltered through the disturbing forest in search of her lover and finally come in an open environment. It is in this area that she finds her husband’s corpse near the house of another woman this marking the beginning of the psychological drama. The woman cannot believe what she has seen and she wondered whether she could be that cause of her lover’s demise. Throughout the music, the plot is developed in a subjective manner focused on the woman as the distress in the emotional perspective are revealed in the music. Schoenberg composed this expressionist music during the early twentieth century marking the way and introducing other artists to exploiting their creativity in developing non-physical and natural ideologies. It became famous for attracting a significant number of audience as well as other musicians who saw it as distinct from other tonal music.
Among other Schoenberg’s expressionist works include “Music drama Die Glukliche Hand” and “Five Orchestra Pieces Op 19.” The music work by Webern was closely related to that done by Schoenberg when it comes to the expressionist style but only lasted for a while. A good example of such related musical expressionism by Webern is the “Five Pieces for Orchestra, Op 10. which can be compared to the Schoenberg’s expressionist work composed in the year 1909. Also, Alban Berg contributed in the genre through his “Four Songs of OP. 2” as well as his “OP. 1 Piano Sonata.” “Pierreto Lunaire” is another expressionist melodrama by Schoenberg that greatly influenced the twentieth-century music. In its settings, the author put in consideration his collection of twenty-one chosen poems from Albert Giraud’s cycle of French poems translated by Otto Erich Hartleben to German. The narrator makes use of the Sprechstimme style which is an expressionist vocal technique ranging from speaking and singing (Kostka, page 16).
Schoenberg composed “Pierreto Lunaire” expressionism work in a different way compared to others done in the previous years in that it does not apply the twelve-tone technicality. However, the atonal trait still applies in work same to the expressionist music. In the collection of the twenty-one songs, female voices are present in all compositions, and there are some five different musicians. These musicians play various instruments such as violin, piano, flute, clarinet and cello where the musical arrangement differs from each piece. The twenty-one series work by Schoenberg is poised of three categories each made up of seven songs each stimulated emotions allied to the night visions. The first category involves Pierrot experiences who becomes exceedingly disturbed after getting immersed in the moonlight. In the second group, there are fierce expressions of a weird nightmare that is full of descriptions of martyrdoms and deaths. The third part composes the actions of Pierrot as he tries to get out of the ordeal through nostalgia, humor, and mawkishness. It is evident that all through these three groups of his collection, Schoenberg applies powerful emotions that in a real sense did not depict the reality (Kostelanetz, et al. page 21). These are perfect examples of Schoenberg works during the twentieth century that was hugely influential and exciting developing a significant change in the music industry.
Musical expressionism significantly influenced the music industry resulting to a wide variety of changes both positive and negative. However, the positive impacts tend to overweight the demerits the back drawing effects cannot be ignored. To start with, are the merits of expressionism art brought about growth and development of the entertainment industry specifically the music field which is the case of interest in this discussion. The development of the atonal technique where the twelve-tone band was applied became prominent during the twentieth century signified by a large number of audience as well as new artists. When it comes to performing this genre, musicians like Schoenberg hade diverse audience which on the other side represented industry development and also indicates that the artwork was well paid. With this, the artists were able to implement and adopt the advanced technology where they are capable of using the modern instruments which are more efficient when it comes to pitching and sound production.
Also, expressionism brought a new perspective and focused on music where the composers were provoked to think beyond the natural realities as well as the common thing in the world and human being nature (Hughes, page 102). There before, the impressionist music was based on the typical tones as well as the physical and natural realities where it was awkward and painful to express the emotional state. Musical expressionism brought to light during the twentieth century where exaggerations to some extent through fiction were used in expressing the artists’ emotions and experienced. To a greater extent expressionist art is based on creativity where the composers had to think above the natural reality in making their productions. The change in music style improved the skills and efficiency of many musicians as they get to learn new ways such as the twelve-tone by Schoenberg who later developed an eight-tone atonal. It depicted diversity in the music field where every artist has a challenge of coming up with a significant and unique style that can be adopted globally as well as leading to a step forward in art development. The effects of the musical expressionism era are evident in the modern society when it comes to music composition and production. The atonal art is still used even though in different ways where the number of tones varies depending on the musician interest. This plays a significant role in eradicating the monotony that was there before the introduction of musical expressionism as the audience has become used to the standard tones and message of the natural and physical nature of music (Crawford, et al page 14).
On the other hand, flawlessness in the artistic field was detected during the twentieth-century era where the music was excellently performed depicting phonograph records than other morally upright music. Romance has emerged to be the topic of the day during this prominent decade of musical expressionism. Therefore, some artists in their perfection of composing emotional and love songs ended up producing music with much sexism which later emerged to be a threat to the industry as well as the society in general. Others ended up giving experiences regarding their thug life as well as criminal life as it was the case of the hip-hop genre in the late twentieth century even though it had a slight deviation from the initial expressionism. The significant effects were deprivation of moral values as well as delinquency in the society, especially with the young people. For instance, the premarital sex at this era became prominent among the youths as well as infidelity in the community. The composers realized that the emotion provoking music attracts vast audience hence could not hesitate to compose such productions. The topic of sexism with its connection to expressionism music can develop an endless debate, but the fact remains that these emotional arts are detrimental and psychologically affects the children’s conscience during their growth process.
Expressionism can be significantly referred as a vessel of modernism not only in the music composition but also in the other art genres as well as the world in general. Music is a universal art that is influential to all the parts of the globe especially during the twentieth century as well as a modern society where network connects people from all the continents. The Schoenberg and his team artwork were internationally prominent, and various artists adopted the atonal style from multiple nations all over the world. It was experienced that the impressionism art was put aside worldwide in the introduction of expressionist music style. The same advancement was also experienced when it came to the entertainment sector, in general, signifying a significant move towards music evolution (Burkholder, et al. page 33). With the capability of composing emotional poems and lyrics, many talented people got their way into to the diverse music field, and the traditional notion of impressionism was erased in the peoples’ mindset.
The existence and spread of the famous musical expressionism in the twentieth century are much inquisitive in consideration of the enjoyment, loss of cultural value as well as the music and contribution to the society. Not all music is valid if it is all about feelings relief as well as enjoyment. It depends on what one calls delight as it dramatically varies especially in consideration of age as the dependent variable. When it comes to young people, their case will be different to what adults refer to as enjoyment. The youths will in many instances enjoy the powerful emotional bits expressed in the expressionist music which will contradict their elderly who defines it as immorality. It is interesting to understand that that music is a particular art genre that talks more about the happenings in the entire society with regards to the residents’ way of living and doing things. The act of Schoenberg and other composers writing about strong emotions depicts that people in the society have been overpowered by these affection feelings making them move out of humanity as well as losing the traditional cultural values (Antokoletz, page 11). The incidences of immorality have been disclosed in the community which was not the case there before the invention of expressionist art.
In consideration of the above discussion, musical expressionism was a significant style in the art genre where the composers significantly expressed their extreme emotions and experienced in their music work during the twentieth century. It marked the end of impressionism and the inevitable changes were not only experienced in the music field but also other artworks such as architecture, paintings, and dancing among many others. Arnold Schoenberg and his student’s Alban Berg and Anton Webern are the primary expressionist artists during this era, and their music emerged to be much influential in changing people’s perspective from the prior impressionism style to musical expressionism way. The atonal technic was the major tonal panache that describes expressionist music. Change is unavoidable and must be put in place to enhance music development as time goes as well as technological advances in the world.
References
Antokoletz, Elliott. A History of Twentieth-century Music in a Theoretic-analytical Context. Routledge, 2014.
Burkholder, J. Peter, and Donald Jay Grout. A History of Western Music: Ninth International Student Edition. WW Norton & Company, 2014.
Crawford, John C., and Dorothy L. Crawford. “Expressionism in twentieth-century music.” (1996).
Hughes, Ed. “Film Sound, Music and the Art of Silence.” Silence, Music, Silent Music. Routledge, 2017. 101-110.
Kostelanetz, Richard, and H. R. Brittain. A dictionary of the avant-gardes. Psychology Press, 2000.
Kostka, Stefan, and Matthew Santa. Materials and techniques of post-tonal music. Routledge, 2018.
Lee, David. “” We Can Draw!”: Toronto Improvisation, Abstract Expressionism, and the Artists’ Jazz Band.” Critical Studies in Improvisation/Études critiques en improvisation 11.1-2 (2016).
Riley, Matthew. “Liberal critics and Modern Music in the Post-Victorian age.” British Music and Modernism, 1895-1960. Routledge, 2017. 29-46.
Salzman, Eric. Twentieth-century music: an introduction. Prentice Hall, 2002.
Taruskin, Richard. Music in the Early Twentieth Century: The Oxford History of Western Music. Oxford University Press, 2006.
Music, Truth, Profundity
Music, Truth, Profundity
PART I
1. Theme
One of my long-standing philosophical ‘worries’ is what I describe as a ‘cognitive dilemma’ in relation to musical communication. How can an art form which lacks a discursive element and addresses itself primarily and indeed immediately to the auditory sense, be discerned as conveying ‘truth’ or ‘profundity’? The power is amply attested — so much so that alone among the arts music occasionally figures as a ‘surrogate religion’. The pieces of this kaleidoscope — ideas culled from Schopenhauer, Langer, Jung and others — did not fall together until recently after reading Peter Kivy’s Music Alone, an account of his quest for musical profundity which ends (as he confessed) in failure, but from whose dissection of the presuppositions I gained a platform for a synthesis of my own.
In this essay the key concepts of an embryonal theory are presented as a quasi ‘abstract’ of the 19K draught which comprises its first formulation.
2. Sense and Mind
Kivy’s main point is that profundity must be understood as “treating a subject matter in a profound way”, i.e. discursively. Accordingly the principal means of achieving profundity are verbal, in art the tools of novelists, dramatists and poets. But musicians lack those resources; therefore, as Kivy’s analysis of Bach’s Well-tempered Clavier shows, no further yield than superb craftsmanship results — but how is this distinguishable from the craft of a Fabergé?
These travails point to an underlying critical malaise, namely the comprehensive prejudice that reason and cognition are inherently discursive: to understand is plainly the ability to describe what one has understood. Therefore his failure to nail down musical profundity amounts to a tacit acknowledgement of the ‘ineffability’ of instrumental masterpieces — resulting in musical ‘truths’ being consigned to its sensory modality or else to a demand for marshalling verbal paraphrase for explicit decoding.
My proposition is that both of these are blind alleys. Firstly, verbal analogues foster the illegitimate notion of a ‘residual language component’ (of which more infra). Secondly, sensory cortices are merely the incidental conveyances of communicative values; they are not possible sites for the germination of humanly significant meanings. Consider that speech is necessarily sound before it can be interpreted as utterance and thus belongs to the same sensory modality as music; but from this it follows that discrimination between words-as-sounds and words-as-meanings cannot be the work of the auditory cortex, but only of a mind.
Acknowledging this (as I think we must) argues convincingly that the reach of cognition exceeds by far the mere conversion of lexical into meaning structures. The possibility of ‘understanding’ musical structures and textures points to an arsenal of cognitive modalities in which discursive concepts occupy a strategically important, but not an exclusive or commanding vantage point.
3. The philosophical wedge: idea and symbol
(a) Schopenhauer and the Will
Schopenhauer claimed as his greatest merit the identification of the kantian noumenon as the Will. But he feels little compunction to characterise it as the whiplash of an unreasoning, unsavoury animal drive, which by being associated with an intellect creates the unbalance of evil that rules the world in spite of our best efforts. Hence the most pressing demand is for curtailment of the will’s power; and in this context Schopenhauer reaches out to the arts as a palliative, with an analysis as surprising as it is ingenious.
In contemplating works of art, he says, we are not (as Plato mistakenly assumed) dealing with second-hand perceptions or copies of an already inferior reality. Works of art are not phenomena: far from imitating phenomenal objects, they represent idealised cognitions; their subject is not a specific object, but the idea of that object; not e.g. a man in concreto, but man in his essential qualities. Artistic contemplation offers an escape from the vicious circle of willing because immersion in its idea suspends the will, as indeed Plato taught. Moreover, he finds confirmation in Kant’s ‘disinterested contemplation’ [III, §34]. His disquisitions culminate in the claim that
In art, the ideas of pure contemplation recur . . . its genesis lies in the cognition of ideas, and its supreme goal is communication of the same. [§36].
The highest rung in his taxonomy of the arts is occupied by music on account of its completely abstract nature. He calls it a “replica of the Urwille” (‘Abbild’), apt to lead a listener back to the undifferentiated ground where individualised desires and strivings are painlessly surrendered [§52].
Let me single out one criterion for now — as it were my leitmotiv. For the aesthetic experience to be capable of consummation it is imperative for the Will to be asleep. Its power is over a conscious, temporally alert mind. Schopenhauer put his finger on it when he noted that in surrendering to the power of music, the personal will is not merely given up: it is absorbed, given over. The result, according to Schopenhauer, is an unexampled sense of oneness and a sort of ‘melt down’ of our fractious individuality; moreover it dissolves our enslavement to clock time and transforms the experience of time into the heartbeat of the music itself. Thus the experiencer becomes susceptible to pure experience and as close to a subconscious state of being as it is possible for a conscious individual to attain.
This last-mentioned facet is indeed the crucial element of the theory. It is not possible to have this experience while in possession of self-conscious temporal control.
(b) Unconsummated Symbols
A central concern of aesthetics is: what are we to make of the emotional impact of artworks? Specifically: where is it located — in the work or in the mind of author and/or beholder?
In facing this issue, Langer retrieved the concept of ‘significant form’ from a somewhat inept early 20th century aesthetic and struck some brilliant sparks from it. Aestheticians like Clive Bell and Roger Fry had begun the debunking of typically romantic ‘story lines’ and substituted that concept as the bearer of meaning — e.g. in a Cezanne, any similitude of breasts and apples to their living counterparts is incidental, whereas circles bisected by perpendiculars are constitutive of significant form. But significant of what? No satisfactory answer to this obvious question came forth until Langer made the important distinction between created and arranged work: in the latter, elements serve for decoration and embellishment, whereas in the former a new context is imposed on them — form-giving ensures an hermetic closure, so that the whole affective dimension is constrained within boundaries set by the ‘frame’ of the work. Accordingly [LF27], art does not contain nor project mood or emotion, but displays “congruence of logical structure” with it — in other words, ‘enclosure’ facilitates the embedding of clues and triggers to the perceptual faculties to engender beholder-specific affective responses. The significant form brings these clues to attention that would escape us in a live setting — the very point on which Bell in his once-famous book on Art cracked his teeth. The significance of the form is therefore that it constrains, even alienates the semantics of the elements, which thereby become constitutive of both form and meaning.
Of the greatest importance is the spectator’s participation in this effort, for it is up to him/her to consummate the symbol by recognition and absorption of its greater meaning. This, however, is where music differs again. For in music there is nothing for a beholder to complete: there is no discursive element; instead musical form is sensuous, rhythmical and gestural and above all in continuous ‘motion’. Since music has no explicit content and carries no assigned denotations, its symbol structure lacks a fixed import — it functions as an unconsummated symbol. [LK211]
Accordingly we arrive at the general formulation that meaning in musical symbolic activity must be extracted from the relations established within the formal dipositions to experiences whose patterns are rooted in the concrete reality in which the recipient organism functions; and consequently there is reciprocation between the symbol-content and the percipient’s affective state based on the ulterior cognateness of discursive and affective mind states.
Langer’s theory strikes me as a wholly satisfactory explanation of the ‘aesthetic effect’. Where I now go one step further is in the specific application of her philosophy of symbols to the issue of profundity in music, which requires another concept to be brought in.
PART II
4. Archetype & Experience percept
(a) Mediating root experiences
Phyletic memory is a storehouse of authentic perceptions and root experiences that are the common coin of the human estate and laid down as underlying and unconscious psychic material. Though not accessible consciously, these psychic materials are not half-forgotten remnants of primitive states of being, but rather the preserved psychic imagery of our ascent to humanness. In Jung’s words:
This deeper layer I call the collective unconscious . . . because this part of the unconscious is not individual but universal . . . It is, in other words, identical in all men and thus constitutes a common psychic substrate of a suprapersonal nature which is present in every one of us . . . The contents of the collective unconscious are known as ‘archetypes’ . . . The archetype is essentially an unconscious content that is altered by becoming conscious and by being perceived, and it takes its colour from the individual consciousness in which it happens to appear. [JBW287; emphasis added]
When an archetype enters consciousness, it does so as the projection of a symbolical image. But again, the essence of the whole process is its largely unconscious functioning. [JMC107].
The artist is capable of potentiating archetypal images for us, for it he who delves into the unconscious where he becomes (as it were) the sounding board or mirror for their reflection. The artist is our proxy of the inner man, who is
of necessity partly unconscious, because consciousness is only part of a man and cannot comprehend the whole. But the whole man is always present, for the fragmentation of the phenomenon ‘Man’ is nothing but an effect of consciousness, which consists only of supraliminal ideas. [JMC128; italics added].
Entering into the spirit of art means letting go of one’s consciousness, surrendering it to the imagery and the aura of the performance. We do the same, involuntarily, when we dream; and in that sense art gives us direction and focus where dreams do not.
One of the fundamental laws pertaining to archetypes is their resistance to ‘real-time’ conscious apprehension, i.e. the domain of the Will. It is here that music is empowered to sink its deepest roots and uncover those numinous images which convey to so many of its aficionadoes a quasi-religious experience. This is because music does not depict the primordial images, but invites the listener through evocation to potentiate his own unconscious store of archetypal ideas. This is possible because (as Jung describes them)archetypes are not determined in regard to their content, but only in regard to their form, and then only to a very limited degree. A primordial image is determined as to its contents only when it has become conscious and is therefore filled out with the material of conscious experience . . . The archetype in itself is empty and purely formal, nothing but a facultas praeformandi, a possibility of representation which is given a priori. The representations themselves are not inherited, only the forms. [JBW332].
(b) Word and image imprints
At this juncture it is appropriate to confront the aforementioned ‘residual language’. An exhaustive study of musical ‘vocabulary’ is Deryck Cooke’s analysis of a thousand-fold staple of brief melodic sequences, which he classified and asserted to depict ascertainable emotional meanings; and this, he surmised, is the path leading eventually to the formulation of a ‘pandect’ of musical denotations.
The sceptical reception accorded to the book indicates a general sentiment of unease with its presuppositions. Yet it offers clues towards the understanding I wish to promote of music as an active agent in the projection of archetypes. Unexpectedly the study acquires value in this wholly transformed setting. So far from having provided an analysis of affective/emotive denotations, it pinpoints how the human auditory system responds to, apprehends and analyses such constituents down to the extraction of a precisely comprehended symbolical content.
But the question is: what is the source of this type of understanding?
It may plausibly be surmised that among archaic hominids, crisp monosyllabic utterances (especially during group activities like hunting) would be especially conducive to imprinting on the memory of the participants and settle into stable verbal associations. Their significance as identifications of object, intention and performance eventuates into the form of referents which link the primary percept with its verbal representation. Once sedimented by some such process, verbal resources become available for ‘mediated’ experience, notably through narrative-mimetic memory-tokens.
What has been telescoped here into one paragraph must be understood as a cascade of teachable associations carried forward and expanded through many generations. Important for us is the dual role likely to have been played by gesture and vocalisation, their communicative interconnectedness as experience percepts. It is readily comprehensible that a creature deficient in lexical resource would rely conjointly on verbal and mimetic enactments in the recreation of such scenes around the campfires (don’t we still do it now?).
In speaking of an imprint (or cognitive linking), non-verbal associations would have been incomparably more dominant in the pre-speech era. A concrete example: how would such a hunter depict fear on a moonless night full of menace, uncertainty, the terror of the unseen and unknown? Plainly we are no longer in the presence of an object, and therefore object language and mimetic techniques fail us. Instead we would rely on aural evocation with its subtle intimations of mood, inner tension, alertness etc., and it is not difficult to recognise in this the beginning of our sensitivity to the aural specificity of certain states whose representation cannot be delivered either verbally or somatically.
But where does the experience percept put in its appearance in music? I suggest that they are precisely Cooke’s short-range intervallic phrases. They are directly comparable to word percepts, but with the obviously significant distinction of being impregnated with gestural, volitional, affective etc. meanings with their expressive compass of significances derived from their archetypal evocativeness. A percept such as this, presented in music as a mimetic symbol therefore has the power to convey instantaneously and without analysis an extensive range of connotations from which the mind retrieves associations of both individual and collective experience.
(c) Perceptual present
One last piece needs to be fitted into the panel, which is that our inner sense of time does not rely on an objective standard, but on the measure of intelligible uptake, whether it be a heartbeat or a unit appropriate to a stimulus being evaluated. Accordingly nervous systems, lacking time sensors, live in a perceptual present of varying incremental length. It follows that our sensation of subjective time (compare enduring a toothache against running for a bus) must constantly be at variance with clock time.
In respect to music, criteria of ‘perceptual present’ are all-important. The internal modelling of time induced by the self-referential nature of music generally imparts a sense of a single temporal sweep without a measurable time component. The degree to which this experience is autonomous may be explained by the fact that the nervous system in collusion with the mind establishes succession by a self-generated kinaesthetic partitioning which we call ‘rhythm’. But rhythms change many times in the same piece of music, as they do in life — perceptually these changes are not equalled or averaged out, but they have the effect of accelerating or retarding the inner time experience, independently of clock time.
PART III
5. From ecstasy to profundity
In accounting for the reliably established ‘ecstatic’ dimension of music, I begin with the modulation of affective responses by the percipient organism. In the course of stimulus absorption it accumulates tensions demanding to be resolved; and I am now positing that conditions may arise where the capacity to transform auditory clues into intelligible structure meets its limits and must go beyond. For example, stimulus-driven music (Tchaikovsky, Mahler) courts the danger of a surfeit of ‘emotional charge’ and revulsion on repeated hearing, whereas the ‘plain fare’ of a Beethoven or Bach has the virtue of seemingly inexhaustible flexibility in peeling off one after another layer of meaning.
Now human truth and profundity are, through cognitive linking, latent in experience percepts and capable of being instantiated. I may be meditating with a Beethoven quartet: my will is no longer active, my curiosity wholly focused on the unfolding of an incredibly rich and complex tapestry of meaning facets, my temporal awareness is that imposed by the music, its relational modelling sculpting the affective landscape of my soul/mind/psyche with my unresisting connivance.
In such a state, so akin to dreaming, yet conscious of the experience and with the resources of my imagination at full stretch, I am intrinsically receptive to the potentiation, or upwelling, of archetypal imagery; but unlike a dream state, this inchoate template does not now vainly offer itself for fusion with quasi-hallucinatory dream visions or splinters of the will flitting about like dismembered ghosts of desire. Rather the musical structure, as a succession of guided experience percepts compounding to form a single imaginative holon, are fully commensurate with the psychic dimension of the phyletic/archetypal template and congruent, moreover, with its affective-volitional resonances. In other words, in such a mental state, the musical form impregnates the archetype; fills it with its own contents and thus brings up from the subject’s deepest inner resources and through the fusion of sensory with psychic impressions a flood of perceptions which are not, however, merely auditory, merely affective, mere stimuli or mere inner reminiscences, but a fusion of all these in their totality via the archetypal template and by agency of the mind’s suddenly released reserves of cognitive power. The unconsummated symbol is consummated.
It is accepted wisdom that even in depiction of tragic or despairing states, music does not make us morose or suicidal, but on the contrary seems somehow consolitary in its effect, communicating peace and harmony and, I suspect, an innately metaphysical sense of having participated in a greater-than-individual experience — in short, of having taken part in a profound approach to human truth.
I think it is fair to characterise a state such as this as an anomalous psychosomatic condition. In seeking to explain it, certain analogues to extreme muscular pressure suggest themselves. As the body tides over stress with brief ‘shots’ of adrenalin, so the brain similarly facilitates extraordinary neuronal sensitisation by a supply of endorphin, whose function it is to sustain this inordinate inflation of ‘signalling load’ — the term not understood quantitatively electrochemical, but qualitatively psychic. There is a twofold effect: firstly, the inducement of an euphoric state (‘ecstasy’) and secondly, a momentary prodigal sensitisation, frequently reported by subjects (but also confirmed by plenteous anecdotal evidence) as a sense of epiphany, benediction etc. and an unsuspected capaciousness of their intuitive horizons, beyond their normal conscious capabilities.
Yet although the ecstasy passes, the sensitisation enacted by such experiences effects a permanent change in the structure of perception; the experience itself becomes sedimented as a percept, a benefit to the subject in the form of acquisition of an individual resource of‘understanding’— in other words, it confers on the subject a permanent enhancement of intuitive power.6. Conclusion
Jung surmised from the prevalence of archetypes in psychiatric pathology that an elementary psychic dimension has been squashed out of existence by high civilised living and that it manifests itself in varying degrees by sociopsychological maladjustments. Most of these, and their cures, belong to the field of psychiatry; but the ultimate goal of this essay is to propose that the power of music, its profundity and truth-dimension, are attributable to such factors as described above and constitute an inherently natural human resource, but also (and perhaps essentially) a cognitive resource much underestimated amid the discourse-driven predilections of modern Homo sapiens.
It invites a concluding reflection on Pater’s once well-known principle of the ‘Anders-streben’, i.e. the drift in all arts towards bursting their specific boundaries and ‘leaning-into’ a neighbouring art, so that pictures try to tell stories and poems invoke visual imagery. To Pater the common denominator is that “All arts aspire to the condition of music.” This is evidently at the opposite pole from the abovementioned ‘residual language component’, and I would suggest on the basis of the foregoing that we do not have to make a choice between alternatives here, but to eliminate a mistake from our aesthetic philosophies.
A further implication ensues, based on what I refer to as the ‘object mentality’, namely our inveterate habit of thinking of works of art as objects, fit to be costed and traded. Such malappropriation of values is surely inimical to the cultivation of art in a society; and reflects another fundamentally dubious aesthetic viewpoint, i.e. the failure to recognise that works of art are not primarily objects, but performances, whose embodiments serve as forms by which to retrieve the originating performance. In a word, works of art are primarily emanations of a human mind and convey their meaning to another mind: this is their raison d’être, and none does it so directly, profoundly and truthfully as music.
A speculation to end. I suspect that the initial presupposition from which this essay began has been shown up as ‘grabbing the bull by the tail’. Profundity is a long way from being revealed in its pristine condition by discursive reason. Indeed I suggest that discursive reason is a laborious, error-prone and unstable communicator of ‘profound’ truths, as well as being highly vulnerable to misinterpretation, manipulation and cultural vagaries. My hope is to have intimated reasonably cogently that profundity is, on the contrary, a conditio sine qua non in music.
Selected Bibliography
Cooke, Deryck: The Language of Music. Oxford 1959.Dahlhaus, Carl: Die Idee der absoluten Musik. Kassel 1978.Donald, Merlin: Origins of the Modern Mind. Harvard 1991.Jourdain, Robert: Music, the Brain and Ecstasy. New York 1997.Jung: ‘Archetypes of the Collective Unconscious.’ Basic Writings. New York 1959 (JBW).—: Mysterium Coniunctionis. Princeton 1970 (JMC)Kant: Kritik der praktischen Vernunft. Frankfurt 1956.Kivy, Peter: Music Alone. Cornell 1990.Langer, Susanne: Philosophy in a New Key. New York 1948 (LK).Langer, Susanne: Feeling and Form. New York 1953 (LF).Pater, Walter: The Renaissance. Cleveland 1961.Schopenhauer: Die Welt als Wille und Vorstellung. Wiesbaden 1972 (My translations).