Music Education and Law: Regulation as an Instrument

Introduction

Of all the fine arts, music has the greatest influence on passions; it is that which the law-giver must encourage most: a piece of music written by a master inevitably touches the feelings and has more influence on morality than a good book, which convinces reason without affecting our habits. (Napoleon 1797) ¹

This essay examines the relationship between music education and law and focuses on extra-curricular music education for children and adolescents. ² The tension between the general (law) and the particular (individual needs of each pupil) is described. However, achieving harmony is important both in law and in music. A composer may create a composite piece of music (order) out of fragments (disorder) ³ just as a judge creates order when he or she decides a legal case, or a law-giver enacts a statute that takes account of different kinds of interests of people usually represented by political parties or associations.

The concept of freedom is also important both in music and in law. It has been stated that there is no freedom without boundaries. Legal norms that usually restrict the freedom of human behavior have an important role in creating freedom: they can guarantee opportunities and circumstances for musical activities.

In this paper certain legal aspects related to music education are approached in the light of two principles: the right to education and freedom in education. One of the aims is to discover what kind of regulative model would be suitable and would actually promote music education. The right to education refers to the right to music education and to the duty of the state to secure the relevant conditions and circumstances, whereas freedom in education refers to individual needs and choice regarding the content. The intention is to describe the educational and legal issues as they presently are particularly in Sweden, England, Germany, and Finland, and in the process of doing this to raise additional questions.

Law as an Instrument

The subtitle of this essay, "Regulation as an Instrument," refers to Aristotle's ideas about the law as a means of moral education. ⁴ In his view, the state has to educate its individual citizens in the exercise of virtue, since living according to virtue means living in harmony with one's own nature, this being the proper end of the individual. ⁵ Aristotle referred to virtue as a disposition that demands long and careful exercise. Thus, for him and his followers, the law becomes an instrument in moral education. ⁶

Aristotle argued that moral education is one of the functions of music ⁷ because music has the power of forming character. ⁸ He was of the opinion that virtues manifest themselves in forms of activity. For instance, in order to acquire correct musical taste and judgment, free men should learn to play musical instruments; music education should include participation in actual playing. In general, Aristotle stressed the importance of education: "It is clear then that there should be laws laid down about education, and that education itself must be made a public concern." ⁹

Aristotle's ideas on the good life have become the basis for many thinkers, especially communitarians. Liberal concepts, such as those presented by Ronald Dworkin, can be compared with communitarian conceptions of "the good" and the role of the state in promoting it. Liberal and communitarian approaches may be integrated as they are in "moral individualism" where the aim is to find a way to promote the moral development of an individual in a pluralistic, multicultural society. ¹⁰ The integration of communitarian and liberal views should help in finding a way to justify a positive role for the state in producing conditions and circumstances for the good, flourishing life. The content of a good life should not be directed by the state, although in practice the state cannot be completely neutral. Music is a part of the good life...