Thursday, November 24, 2011

ON STATUTORY BREVITY: MPR'S SUPPORT FOR LONGER STATUTES

Some day every human action may be dictated by statute or written rule. Right now laws, ordinances, and regulations place innumerable restrictions on our lives: the size of our toilet tanks; the distance we must park from driveways; where we smoke; how we dispose of aluminum cans; how many cats we may have in our homes—the list is endless. And the statute books in Minnesota have in the last few decades burgeoned at an amazing rate. Despite using what seems to be thinner paper, the official Minnesota Statues have bulked up year after year to the point where they now take up three times as much space on the bookshelf as they did a generation or two ago.

The tendency to pass more and more laws and the objection to this practice have been noted throughout history. In the 1970’s, the nation had a serious discussion about “sunset laws,” laws that would be enacted for a specified length of time and then expire. As early as the 7th Century B.C., as Gibbon notes, lawmakers recognized the value of limiting the amount of regulation:
The decemvirs had neglected to import the sanction of Zalecucus, which for so long maintained the integrity of his republic. A Locrian, who proposed any new law, stood forth in the assembly of the people with a cord round his neck, and if the law was rejected, the innovator was immediately strangled.
Gibbon, Edward. The Decline and Fall of the Roman Empire. London: Jones and Company, 1828. Vol. III, p. 168. Our society long ago took the brakes of the legislative engine and it is only under a very unusual circumstance that any penalty—even something as mild as public ridicule—attends the proposal of a new law.

But while I join the many who find it dispiriting that we do not limit the number of laws, there was a recent MPR story that stopped me in my tracks. In a story discussing bullying, this statement was made: “Minnesota's current law is one of the shortest in the country.” Could it be that there are people who want not better, not more effective, but longer laws? I drilled down a bit, thinking that the sentence might be an aberration. But earlier MPR stories on the subject of bullying* had also noted the brevity of Minnesota’s statute:
At just 37 words, Minnesota's law against bullying is one of the shortest in the nation:

"Each school board shall adopt a written policy prohibiting intimidation and bullying of any student. The policy shall address intimidation and bullying in all forms, including, but not limited to, electronic forms and forms involving Internet use."

That's the only requirement. Unlike other state laws, it contains no list of what those policies must include.
The headline for that article was: “A six-month Minnesota Public Radio News investigation of bullying policies across the state found a patchwork of policies and that the state's policy is one of the shortest in the nation.” http://minnesota.publicradio.org/projects/2011/05/bullying/

Indeed, thirty-seven words is a modest showing for a statute. Thousands, perhaps millions of longer statutes exist in the United States. Here, for instance, is a 145-word offering from the State of New York:
A person who overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, whether wild or tame, and whether belonging to himself or to another, or deprives any animal of necessary sustenance, food or drink, or neglects or refuses to furnish it such sustenance or drink, or causes, procures or permits any animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink, or who willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal, or any act tending to produce such cruelty, is guilty of a class A misdemeanor and for purposes of paragraph (b) of subdivision one of section 160.10 of the criminal procedure law, shall be treated as a misdemeanor defined in the penal law.
Maybe MPR’s push for longer laws will lead to laws like that gem.

Of course, while thirty-seven words is quite paltry compared to the word count of many contemporary laws, it is possible to draft laws that are both brief and well-written. Consider: “Thou shalt not kill. . . . Thou shalt not steal.” These ancient laws each have only four words, but their effects have resonated through millennia. And cannot we agree that the commandment that actually does attempt to list all possible permutations of prohibition—though equally sacrosanct—is not as well drafted:
Thou shalt not covet thy neighbor’s house, covet thy neighbour's wife, nor his manservant, nor his maidservant, nor his ox, nor his ass, nor any thing that is thy neighbour's.
Notice the catch-all provision at the end. This is necessary because the preceding list could not possibly list all the things that might belong to one’s neighbor. Why is the neighbor’s plow not listed? Why not his children? Why not his harvested crops? The act of listing is inherently perilous.

This is not to say that there are never occasions for lists in statutes. Sometimes all specific things must be listed. But in this context listing every possible act that intimidates or bullies is fraught with difficulty. Repeatedly punching someone is obviously bullying. Threatening someone is obviously bullying too. What about patting a teammate on the butt after a football touchdown? What about hugging a friend? What about raising one’s voice to the point of yelling? What about raising one’s voice slightly? What about telling a fellow student that her shirt is dirty or that her clothes are ugly? The interactions at school are so limitless that any attempt to categorize them in a detailed list is a fool’s errand. Local school officials are qualified to regulate the conduct of students without a list that explains precisely what the Minnesota legislature meant by “intimidation” and “bullying.” The legislature had a sound reason for not enumerating every unacceptable act that might fit under the rubrics of “intimidation” or “bullying.”

The notion that the quality of one state’s laws can be compared to that of another by counting words is ridiculous. While being thorough is important, the essence of good writing—and it applies to legislative writing too—is brevity. No statute should ever be criticized for not being long enough. Blaise Pascal famously observed, “I would have written a shorter letter, but I did not have time.” Similarly, statutes are often too long because they are not carefully crafted.

It may seem quite odd that anyone would be twisted enough to take time out of a Thanksgiving Day to criticize those who are pursuing the noble goal of eliminating bullying. The simple explanation is that I was a victim of childhood bullying myself and am still suffering from its shattering effects. And so I say: MPR, please do not suggest that we should evaluate the quality of statutes based on their length.

*For the record, I refuse to use the prevalent “anti” prefix when discussing bullying laws. Do we need to say “anti-murder laws” or “anti-kidnapping laws” in order to convey the notion that society is opposed to murder and kidnapping?

Sunday, November 6, 2011

Alexander Melnikov in Recital

The Frederic Chopin Society has been bringing talented pianists to Minnesota for about twenty-five years. Usually the pianists are not household names. Though it has sponsored such well-known artists as Marc-Andre Hamelin, Stephen Hough, Angela Hewitt, Richard Goode, Imogen Cooper, Jonathan Biss, and Simone Dinnerstein, one of the organization's great gifts is that it consistently finds brilliant lesser-known pianists, ones who nearly always give satisfying performances. Sadly, my attendance has fallen off a bit and until today I had not attended one of the Chopin Society's recitals in several years. After Alexander Melnikov's recital on November 6, I am once more excited about the society's offerings.

The concert venue, Hamline University's Sundin Music Hall, was excellent. The 326-seat auditorium was very pleasant and has superb acoustics. All the seats were filled, but the audience, with one particularly notable exception, was one of the quietest and best mannered I have observed. Perhaps this exceptionally warm November has forestalled the cold season, the perennial enemy of Minnesota piano recitals.

Alexander Melnikov is a Russian pianist who is said to be heavily influenced by Sviatoslav Richter. Though I never saw Richter in recital, Melnikov's approach seems in line with Richter's reputation and what I hear on Richter's recordings. Melnikov appeared dressed all in black and is a tall, imposing figure. While a moderate showman--on stage neither a milquetoast, like Pollini, or a clown, as Lang Lang can sometimes be--his playing is powerful and very aggressive. At times during this recital he approached the brink of loss of control, but always reined himself back in.

It's hard to think of a better way to begin a recital program than with the opening sonorities of Schubert's Wanderer Fantasy. The four-movement fantasy is based on one of Schubert's Lieder and after you have heard the opening of this piece a few times you never forget it. My knowledge of it comes from my Pollini and Kissin recordings. Melnikov let the audience know from the beginning of the piece that he was not going to hold much back. The closing minutes of the third movement and the entirety of the fourth were a savage and delectable assault on the Steinway. This was a point where Melinkov seemed to push his technique to the limit--and I think with good results. The tempo of the closing fugue was quite fast and I could not help thinking that there was a dash of Rachmaninoff in my Schubert.

The set of Brahms opus 116 pieces were next. The first of the set, a D-minor Capriccio, was again played aggressively. At times the piano seemed to be treated as if it were Melinkov's enemy. But his fierceness was in reserve during the haunting A-minor Intermezzo. Here, I thought the concert hall proved its acoustical merit: I was sitting near the back, but do not recall ever hearing such wonderfully clear quiet passages. These late Brahms pieces seemed to fit Melinkov's style very well.

The second half of the program consisted of the first twelve of Shostakovich's opus 87 Preludes and Fugues. Melinkov played with a score, but his mastery of these pieces made this seem more a habit than a necessity. What fascinated me about these pieces, ones I have heard occasionally but do not know well, was the extent to which Shostakovich showed that he mastered the manner of Bach. There are parts of Prelude No. 10 and Fugues 1, 4, 6, and 10 that could be be taken for Bach. But elsewhere there were modern and post-modern tonalities that nobody could mistake for anyone other than a 20th-century composer. My favorite of the pieces was the Fugue No. 8, which starts with a very long theme, perhaps 40 to 50 notes, that is very reminiscent of a bird song--though perhaps one with hints of modernism. Another favorite, the last Fugue played, No. 12, was pure Shostakovich. No Bach here: instead a piece of driving intensity that builds to what almost seems a false ending and then quits quietly. Too bad that there was that one loud cough just as the piece was drifting into silence.

All of Melnikov's offerings were well received by the audience. But despite three bows, there were no encores. I am usually disappointed if there are no encores, but on this occasion Melnikov's decision was exactly correct. He had offered two-and-a-half hours of exceptionally fine music and the audience left the hall sated and smiling.

Ten Recommended Classical Recordings: A Sampler for Those New to the Classical Scene

The following is a list of classical recordings that offer a variety of classical genres: opera, symphonies, keyboard, violin concerto, solo cello, piano concerto, and oratorio. Though it is mostly mainstream with respect to the represented composers, it reflects a variety of interesting sounds.

Because the list is intended for someone who is starting to explore classical music many of the recordings are now budget issues. If you have thoughts on the list or would like to pipe in with your own, please do!

1. Mozart: The Magic Flute; Sir Colin Davis, conductor, Staatskapelle Dresden, orchestra; Rundfunkchor Leipzig, choir; Moll, Schreier, Price, Serra, Melbye, Venuti; Philips Duo, recorded in 1985, released on CD in 1994.

2. Beethoven: Symphonies No. 5 and 7, Carlos Kleiber, Wiener Philharmoniker; Deutsche Grammophon, recorded in 1975 and 1976, released on CD in 1996.

3. Bach: Keyboard Pieces, Toccata, BWV 911; Partita BWV 826; English Suite No. 2, BWV 807; Argerich; Deutsche Grammophon, recorded in 1980, released on CD in 2000.

4. Tchaikovsky: Violin Concerto in D; Brahms: Violin Concerto in D; Jascha Heifetz; Fritz Reiner, Chicago Symphony Orchestra; RCA, recorded in 1957, released on SACD in 2005.

5. Panorama—Edvard Grieg, two discs of various piano and orchestral works; Deutsche Grammophon Panorama, recorded on various dates, released on CD in 2000.

6. Bach: Six Unaccompanied Suites for Cello; Yo-Yo Ma; Sony, recorded in 1983, released on CD in 1990.

7. Mozart: The Great Piano Concertos, Vol. I—Brendel; Sir Neville Mariner, The Academy of St. Martin in the Fields; Philips Duo, recorded in 1972-82, released on CD in 1994.

8. Handel: The Messiah; Sir Colin Davis, London Philharmonic Orchestra; Philips Duo, recorded in 1966, released on CD in 1994.

9. Rachmaninoff: Piano Concerto No. 3 and Tchaikovsky: Piano Concerto No. 1; Martha Argerich, Philips, recorded 1982 and 1980, released on CD in 1995.

10. Bach: The Brandenburg Concertos Nos. 1-4 (separate disc one); and Brandenburg Concertos Nos. 5-6 and Orchestral Suite No. 1 (separate disc two), Neville Marriner, The Academy of St. Martin in the Fields; EMI, recorded in 1985, released on CD in 2004.