Abstract
This particular research tries to analyze the relationship between two beautiful, diverse and dynamic subjects, Law and Music. Law and Music prima facie appears to be very different and distinct but the reality is that both these topics have innate soulful relationship between them. The role which rhythm plays in music, same role is played by articles and sections in laws as both rhythm and sections need to be consistent with parent subject.
The role which softness and melody plays in Music similarly we need same softness and melody in Law in order to command obedience to particular Laws. Henceforth the whole text tries to set-up a link between these two topics via different agents like metaphors used, tribal connection, religion, historical evidences, societal observation etc.
Research Questions
This research tries to inculcate in itself the answers to these very fundamental question with respect to topic.
- How Law and Music are interrelated?
- What are different agents through which this relationship is established?
- How these agents affects the minds of people in society?
Literature Reviewed
Mainly two articles have been reviewed in order to glance into this very topic.
Source One
| Author | Hanne Petersen |
|---|---|
| Title of the Article | On Law and Music, from Song Duels to Rhythmic Legal Orders. |
| Description | This beautiful article by Hanne Petersen has served as primary source of this research. This article explains how song duels and rhythms are used to establish melody and harmony in Eskimo tribes. How these duels were used as conflict resolution mechanism in order to maintain stability in non – state, non – economical, primary sector societies. It also talks about musical motifs used in judicial and legal systems of Greenland and Denmark. |
Source Two
| Author | Bernard Grossfeld and Jack Hiller |
|---|---|
| Title | Music and Law |
| Description | This article of sheer splendor by Bernard Grossfeld and Jack A. Hiller has been taken from Jstor. This article also has served as primary source for understanding of research topic. This article talks about musical metaphors used in American Judiciary. This article provides us a vivid description on historical context of Law and Music. It presents before us analysis of people who were both legal experts and musicians. It analyses views of various legal dignitaries on soulful relation of Law and Music. |
To draw the scheme of this research various other sources have been also used like newspaper readings, video bulletins, personal observation and historical materials etc.
Introduction
“No less important for a lawyer is the cultivation of the imaginative faculties by reading poetry, seeing great paintings . . . and listening to great music.” – —Felix Frankfurter1
Linking Law and Music seems to be interesting because when we dwelve into the relationship between Law and Music we see that both are intrinsically connected. Their connection is something same like that of body and soul because there is a type of softness which characterizes music and same softness is also evident in various aspects of Law.
According to a Latin Maxim which states as follows :- “Jus est ars aequi et boni”. This means, the law is the art of justice and good. The Law being an art it can be classified and understood parallel to Music which is also an art. Law and music have many commonalities, like Music uses rhythm and verses similarly Law uses articles and sections and are interconnected in such a way as to create legal rhythm and symphony.
Law and Music: An Introduction
Law is commitment of people towards certain set of principles, rules and regulations in order to maintain the melody in societal structure and laws regulates our behavior and conduct. Same is the case with music, when we dance on tunes of music. Music starts controlling our mind and action, as soon as our mind find any particular music soothing and melodious we start dancing.2
Lawyer-Musicians in History
Now when we look into the relationship between Law and Music it is also important to to look at lawyer- musicians, for this we have to trace the paths of history. Few prominent musicians have studied Music and this started during Middle Ages when Cathedral Schools in Europe used to teach Quadrium (includes four subjects namely :- geometry, arithmetic, astronomy and music) as part of artes liberals. It is no wonder that quite a few prominent lawyers were active musicians because every law student had to pass these subjects of quadrium first.
Early Notable Figures
- Johannes Tintorius (1435-1511) was a famous personality who used to teach music.
- Giovanni Battista Doni (1595-1647) who researched on old Greek music.
- Johann Kuhnau (1660-1722) who published many dissertations on music and famous one (De Juribus circa musicos Ecclesiasticos).
Eighteenth to Twentieth Century Continuation
This tradition of lawyer-musicians continued in the eighteenth century, some examples being: Georg Philipp Teleman, Benedetto Marcello, Wilhelm Friedemann Bach, Carl Philipp Emanuel Bach, Christian Gottlob Neefe, Georgjoseph Vogler and Johannes Nikolaus Forkel (founder of the study of music as an academic discipline). This tradition also continued in nineteenth and twentieth century also.3
Philosophical Relationship Between Law and Music
History tells us that music has been seen as a means of social organization to increase and to harmonize physical and spiritual forces. Music stands for the deeply rooted rhythm and harmony of life that cannot be verbalized.4 Law can be called as “Music of Court”. As we know that laws created by mankind for smooth functioning of society are somewhat related to their mind and soul because, it is something like echo of eternal music in mind.5
Law as a Musical Composition
Statues in Law can be seen as a score of music, lawgivers can be compared to composers, legislature is like a composer, both write texts and others interpret. Same metaphor can be applied to procedure in courts as whole song represents a courtroom trial.
| Music Element | Legal Equivalent |
|---|---|
| Opening notes | Prosecution and defense |
| Increase in notes | Arguments, objections, cross-examinations |
| Further notes | Introducing new evidences |
| Capitulation | Summing up and final statements |
| Last note | Announcement of verdict and sentencing |
Order and Harmony in Law and Music
Since the early times order and music has been associated and from there the relation of music with Law bulges out because order is an integral part of Law. Like as tones and rhythms evokes our internal structure similarly law also affects directly the internal manifestations of man and these manifestations leads the society to swing together in symphony.
Classical and Philosophical References
Greek god Apollo was god of order, music and art of healing. The Roman word carmina means Law and Music. Thomas Hobbes (1588-1679) tells us: “And in ancient time, before letters were in common use, the Laws were many times put into verse, that the rude people taking pleasure in singing, or reciting them, might more easily retain.” Also the word ‘Justice’ which is an integral part of Law; the Vedic root of it means “the healing word/the healing song”.6
Military Music and Discipline
While discussing the relationship between Law and Music we cannot simply ignore the strong bond of order and music reflected military songs, the military music and its lyrics that make soldiers march even into their death. It works like a magic flute. As Niccolo Machiavlli has said, “A man that is dancing, and keeps time with the music, cannot make false steps, so an army that properly observes the beat of its drums cannot easily be disordered.”7
Indian Army Examples
Also this relation between order and music can be seen in Indian Army also, because almost each regiment has its own drum beat and song and when our soldiers sing it together, it fills in them a unparalleled enthusiasm and a strong feeling of Nationalism that makes them strong to face even death.
- Gorkha Rifles (Aayo Gorkhali)
- Assam Regiment (Badluram ka badan)
- Rajputana Rifles (Veer bhogya vasundhara, Jai Rajputana)8
Religion, Music, and Social Order
In every society of world religion plays a significant role, even religion is considered to be counterpart of Law and order, because in case when Law fails it is always religion which tries to bind a society in single thread. Religion brings such a sense of fear that it can maintain a strong hold on people and it have immense capability of bringing discipline to life of people and helps in bringing smoothness in society.
Religious Examples
- Christian order is maintained by Psalms.
- Muslim order maintained by Azaan.
- Sikh order is maintained by Gurbaani, Paath’s etc.
- Hindu order is maintained by Shloka’s, mantras, aarti, bhajans etc.
- Jain order is maintained by namokaar mantras.
- Buddhist order is maintained by Buddhist shlokas.
Hence conclusively we can say that religious order is somewhat in someway related to music also.
Patriotism, Music, and National Order
For every society to progress it is necessary that people of that society practice basic aspects of good and happy life like feeling of unity, feeling of brotherhood, love and affection towards each other irrespective of different religions. To bring these things in collectiveness it is necessary that there should be some agent which can perform this difficult but achievable task. That agent can be Patriotism, patriotism is a feeling which is deeply intact in inner conscience of every person.
Patriotism is often awaken in soul of people by the help of patriotic songs and music. These patriotic songs makes people remember their glorious past, their culture, ancestors and these songs also tells people about their duties towards their nation-state. These duties may be brotherhood, unity, harmony, maintenance of law and order etc.
National Anthems and Order
When we go through different national anthems of different countries we found one single root i.e order like Germans sing “Unity, Justice and Happiness are the basis of happiness”, Americans bow their heads in front of “the land of free and home of brave”, Indians sings their glorious history, beautiful culture and diversity, land and order in form “Jana Gana Mana”.
When we sing our National Anthem, National songs, Patriotic songs in rhythm and melody and it brings in us a sense of unity and togetherness which are the foundational characteristics of any law prevalent in society.
Musical Metaphors in India and Outside India
Indian Freedom Struggle
During India‘s freedom struggle music played a major role in creating an awareness among people about the importance and need of independence, Patriotic songs became a medium of secret action against tyrant British rule, music played a significant role in shaping mentality of people and energized them for struggle for independence. During time of struggle almost 200 patriotic songs were composed and sung in different languages. These songs contained in them a divinity which attracted people to fight for the cause of their motherland.
Supreme Court
Different musical metaphors are used in several different cases in U.S Supreme Court :-
- When we use reasonableness standards it “will produce a symphony that is ‖9
- Music choosen by one beaureaucrat will be pleasing to one and offensive to 10
- Disapproval of music itself can be masked by 11
Similar metaphors can also be seen in large numbers in federal courts and civil rights movement in U.S.A.
Lokpal Aandolan by Anna Hazare
Anna Hazare a retired soldier and an eminent Gandhian called a peaceful protest in Ram Lila Maidan in Delhi for Lokapal. In that event people used to chant Gandhian bhajans in order to awake government to bring a check and balance system in Indian system known by the name of Lokpal.
Aboriginal and Tribal Connection of Music and Order
In India a tribe named Bheel in found in Rajasthan and Madhya Pradesh, the tribal people use a music instrument named Ravanhattha made of hairs of horse tail in their festive seasons and occasions. Different melas are organized every year and people of different tribes are invited for competitions which majorly include playing of Raavanhattha , these type of occasions brings people on one platform and enhance amicability in tribes.
Eskimo Song Duels
This type of tradition is also seen in Eskimo tribes which were without any formal state control, having no industrial outlook. People lived harsh lives from hunting, fishing and gathering. In these tribes song duels are used as a device to solve conflicts between individuals.
- Song duels are used to maintain mental and societal equilibrium among people.
- Song duels are used during festive seasons in order to bring people together and eradicate open conflicts and for the purpose of entertainment.
- In these song duels common people served as judges.
These song duels brings community feeling in people and helped to a large extent in maintaining peace, harmony, order and brotherhood.
Greenland Judiciary Symbolism
Until the inception of 20th century song duels enjoyed prominence on east coast of Greenland. The logo of Judiciary of Greenland is a drum with a drumstick deriving inspiration from song duels of Eskimo tribes which uses music a mechanism for conflict resolve and equilibrium in society. Parallel to this drums hanging around courtrooms of magistrates is also found.
Royal Farmaans and Drums
In ancient times royal farmaans which were considered to be supreme law delivered by kings were carried to people by messengers beating dhols(drums) in order to gather attentions of people.
Tansen and Law of Nature
As we know that Law of Nature governs every living and Non Living thing on this earth but we have seen nature becoming subservient to melodious singing of ‗Tansen‘ who was a classical vocalist and musician in court of Raja Ramchandra Singh of Rewa, it is said that when he used to sing nature responds to his singing because when he used to sing Raag Badal rain starts pouring down, when he used to sing Raag Deepak all lanterns and Diya’s around lit by their own, when he used to sing Raag Malhari all animals and birds from jungle come to listen to his magical voice.
Tansen was one of the Navratnas in the court of Akbar. This shows the power of music and its vitality and its control over law of nature which governs each and every thing in this world.
Conclusion
Through out this analysis of relation between Law and Music we again and again confronted the fact that both music and law touches the strings of human soul and mind.
Parallelism Between Law and Music
Now when apply the concept of parallelism to both Law and Music we need to have same smoothness, tenderness and delicacy to both these concepts because people prefer the music which soothes and please their mind similarly people will only follow laws that are smooth because if laws will be harsh and painful this will create dissention among people and ultimately the equilibrium of society will get stumbled.
Like music which affect people‘s conscience similarly laws have to be such smooth so that will be able to maintain equilibrium and brotherhood in society.
Role of Religion in Shaping Obedience
As we know almost each and every human society in this world in some way or the other believes in the aspect of religion. Religion governs the people, something which law cannot do religion does that easily because people are so attached to religion that they even don‘t hesitate make sacrifices for it.
Religion develops the sense of fear among people and it is very much evident that fear brings the sense of obedience.
Music in Different Religions
In shaping every religion music played a significant role because music is a symbolism of piousness and this piousness through music can be seen in every religion like in Hinduism Bhajans, Aarti, Kirtan, Jaagrans are considered to be a link between god and human, in Islam qawaalis, sufi songs, gazals are considered to as pious, in Christianity psalms, in Jainism namokaar mantras are considered pure.
| Religion | Forms of Music Mentioned | Purpose |
|---|---|---|
| Hinduism | Bhajans, Aarti, Kirtan, Jaagrans | Link between god and human |
| Islam | Qawaalis, Sufi songs, Gazals | Considered pious |
| Christianity | Psalms | Spiritual expression |
| Jainism | Namokaar mantras | Considered pure |
So in this way religion and music has a very strong relation that shapes the vision, thinking and mindset of people in society.
Need for Musicality in Human Relations
We need certain musicality in context of relations between human beings, society and nature. We need musicality of love, affection, respect and tolerance. We need deep rooted melodious humanity.
Human Psychology and Law
It is a human psychology that people respond positively to that thing which works as source of affection for them.
- Equilibrium
- Stability
- Brotherhood
- Peace
So in order to maintain the equilibrium, stability, brotherhood and peace in society we definitely need to have laws but those laws should not be harsh and tyrant, they need to be soft and tender so that people can respond to them positively and existence of mankind can be sustained forever. End Notes:
- Felix Frankfurter, Advice to a Young Man Interested in Going into Law, in Of Law and Men 103–104 (Philip Elman ed., 1956).
- Cf. Pierre Schlag, The Aesthetics of American Law, 115 Harv. L. Rev. 1047 (2002).
- Neumann.
- Wilhelm Dilthey, Das Erlebnis und die Dichtung (15th ed. 1970).
- Alexander Wedderburn, Speech, House of Commons, in 16 Parl. Hist. 1290.
- Thomas Hobbes, Leviathan 189 (Richard Tuck ed., 1991).
- Niccolo Machiavelli (1469–1527), quoted in Alfred Crosby, The Measure of Reality: Quantification & Western Society 1250–1600 7 (1997).
- https://indianarmy.nic.in
- United States v. Booker, 543 U.S. 220, 312 (2005) (Scalia, J., dissenting).
- Public Utils. Comm’n v. Pollak, 343 U.S. 451, 468 (1952) (Douglas, J., dissenting).
- Ward v. Rock Against Racism, 491 U.S. 781, 810 (1998).
