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| Connie L. Braun |
Jazz and blues, two of the world’s most influential music genres, have long served as powerful mediums for storytelling and social commentary. While rooted in the African American experience, jazz and blues are performed around the world. These genres often delve into themes that reflect the complex interplay between law, society and individual lives. From civil rights struggles to tales of crime and punishment, jazz and blues offer a rich tapestry of legal themes that continue to resonate with audiences worldwide.
The fight for civil rights and social justice is a central theme in jazz and blues, reflecting the historical and ongoing struggles faced by marginalized communities. These genres have served as powerful platforms for artists to express their frustrations, hopes and demands for equality in a society marked by racial discrimination and systemic injustice.
Through poignant lyrics and emotive melodies, jazz and blues musicians have underlined the disparities in legal protection and the failures of the justice system to safeguard the rights of all citizens. The music not only provides a voice to the voiceless but also acts as a catalyst for awareness and action, urging listeners to confront and address the inequities embedded in legal and social structures. As such, jazz and blues continue to be vital cultural expressions in the ongoing quest for civil rights and social justice, resonating with audiences worldwide and transcending generations.
First recorded by Billie Holiday in 1939, Abel Meeropol’s Strange Fruit poignantly addresses the racial injustices and systemic failures of the legal system, particularly in protecting African Americans from lynching and racial violence. The song starkly depicts the horrors of racial violence and the lack of legal recourse for victims. Originally a protest poem against lynchings, Strange Fruit has been described as the beginning of the civil rights movement. Holiday continued to perform this song despite threats by the FBI and other law enforcement agencies.
Even though it’s an instrumental piece, Canadian jazz artist Oscar Peterson’s Hymn to Freedom is widely associated with the civil rights movement and the broader struggle for freedom and equality. The piece’s emotional and uplifting nature has made it an anthem for social justice, resonating with themes of hope, unity and the quest for civil rights. Hymn to Freedom embodies the spirit of the fight against racial injustice and the pursuit of legal and social equality.
Narratives of crime and punishment are recurring themes in jazz and blues, often exploring the experiences of individuals entangled with the law. Mack the Knife, originally from The Threepenny Opera by Kurt Weill, tells the story of a notorious criminal, highlighting themes of crime, justice and the cat-and-mouse dynamic with law enforcement. Ella Fitzgerald performed this work often. Once, while performing Mack the Knife in Berlin, she forgot the lyrics, so improvised her way through to great acclaim, winning Best Female Vocal Performance at the Third Annual Grammy Awards. Other famous performers of the song include Louis Armstrong and Bobby Darin.
During the Prohibition era, jazz and blues musicians frequently referenced the illegal production and distribution of alcohol. This period saw a surge in songs that captured the spirit of rebellion and the legal consequences of bootlegging, reflecting the societal tensions of the time. Mostly in the United States, laws restricting liquor had the unusual effect of advancing jazz in the underground nightclub culture that flourished in the 1920s. The careers of major jazz performers such as Fats Waller, Duke Ellington and Bix Beiderbecke progressed in ways that no one could have predicted. During this time, jazz became an art form.
Jazz and blues also address the legal struggles of workers, touching on themes of labour rights, unionization and economic exploitation. These songs often highlight the broader societal issues of property rights and ownership disputes, providing a voice to those fighting for fair treatment in the workplace. Brother, Can You Spare a Dime?, an extremely popular song by Bing Crosby, became an anthem of the Great Depression, highlighting the plight of workers who built the nation but remained destitute despite their contributions and dedication to the effort. A blues standard such as Nobody Knows You When You’re Down and Out by Bessie Smith reflects the economic hardships and social struggles faced by many during the Great Depression.
Jazz and blues music became an effective vehicle for change because of the ways in which the music defied unjust legal authority and jabbed at the conscience of the oppressor. Over time, the beauty and power of both refined and fostered the rule of law, bringing along an emerging sense of justice and hope. Around the world, conversations about the rule of law, as prompted by jazz and blues music, need to continue to ensure access to justice. In the words of UNESCO Goodwill Ambassador Herbie Hancock, “The roots of jazz [and, by association, blues] are in humanity.” Listening to these timeless songs, we are reminded of the ongoing struggles for justice and equality, and the enduring power of music to inspire change across the globe.
Connie L. Braun is a product adoption and learning consultant with LexisNexis Canada.
The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada or any of its or their respective affiliates. This article is for general information purposes and is neither intended to be nor should be taken as legal advice.
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