Those Wise Restraints that Make Men Free: Legal Reform with Chinese Characteristics
May 2, 2011 § 1 Comment
By Rebecca Liao
Since the late 1930s, the President of Harvard University grants degrees to the graduating law school class with the following exhortation: “You are ready to aid in the shaping and application of those wise restraints that make men free.” The quote comes from John Maguire, professor at Harvard Law School from 1923-57; it is also on a plaque in the main stairwell of the law library in the hopes that graduation day would not be the fist time students came across the idea. At first blush, “wise restraints” seems to simply be a more poetic name for law. If law school and legal practice teaches us anything, however, it is that the law is much more than its ostensible elements because it is very rarely clear. It is an infrastructure based on words and renovated with only partial visibility of the existing structure. Since the law is not self-evident and self-supporting, it relies on other sources to identify what it is: yes, history and divination of intent are popular, particularly on the United States Supreme Court, but lower courts more commonly look to “policy,” which is just shorthand in the legal profession for the social goals behind enactment and implementation of the law, how the law should relate to others in its space, and, more fundamentally, the social and moral values the law touches upon. These are the “wise restraints” on the operation of a society—law is merely their codification. For a society in which the rule of law is taken for granted, they serve a chiefly utilitarian purpose, their influence on law is incremental and most evident in the outcome of cases. For a society just building the rule of law, there is no buffer between them and how that society is run. Defining these “wise restraints” therefore becomes a frequent and essential exercise.
The People’s Republic of China embraces restraints, many of them wise. A religious devotion to economic growth has facilitated an equally expansive development of corporate law. The Chinese Communist Party (CCP)’s public relations campaign releases prominent dissidents, such as lawyer Xu Zhiyang, under guarantee, which allows them to leave police custody while their movements are monitored for about a year. Labor unrest, one of the most potent challenges to stability and government legitimacy, is often the most successful form of protest: the Shanghai truckers who blockaded one of China’s largest container ports two weeks ago in anger over high fees and gas prices won fee concessions from Shanghai authorities without encountering riot police. Posters in major cities encouraging people to not spit and litter and the inelegant, piecemeal adaptation of foreign criminal procedure are both part of the Chinese drive to further modernize and self-improve. Though less visible, a flourishing publishing industry and rise of the avant-garde artist community, untouched by censors, have placed China squarely in the mix of the international intellectual conversation. Above all, the Chinese are consensus-minded. The government’s recent espousal of “harmony” touches a deep chord in Chinese relationships, from the family unit to the individual’s interaction with the state: peace and stability at all costs, happiness and contentment not required. None of these “wise restraints” have done their job perfectly, but they exist and are permanent residents, at least for the time being.
Interestingly enough, the statue of the philosopher who popularized the idea of social harmony was removed from Tiananmen Square two weeks ago, after a mildly controversial four-month stay. While few in China disagree with his teachings of ethical behavior, respect for elders and obedience to authority, Confucius ran into trouble with Chairman Mao, who blamed his “everything in its place” philosophy for China’s pre-Liberation feudal system. Confucius has enjoyed a revival since the rejection of Maoist ideology, but placing a 17-ton statue of his likeness across from Mao Zedong’s portrait was too much for a few influential leaders in the Central Party School. As a symbol of China’s imperial past, Confucius is understandably as passé for the Chinese as the hutongs in Beijing that are making way for modern buildings.
What the party leaders surely realize, though, is that Confucianism has never been, and never will be, a trend. Its ethical and cultural teachings are part of the Chinese DNA. If the leaders are looking to reform a country and claim credit, they ought to learn from someone who has experience leaving an indelible and beneficial ideological imprint.
Confucius and his contemporaries from the Hundred Schools of Thought worked during the turbulent Spring and Autumn Period and the Warring States Period, both fraught with fierce political struggle and regional warfare. That intellectual output flowered when survival was the prime concern is curious. During such bleak periods, ideas about social order tend to fall into the freedom or order camps—a very practical and quick system for finding solutions to urgent problems. What the philosophers of this period were able to do was reframe the problem from one of finding “wise restraints” designed to increase the chances of survival to “wise restraints” that promote far more important ideals. Both approaches have the same goal: a harmonious society, but the latter aims to put in place a mechanism that pays dividends over the long term instead of reacting to immediate concerns based on the instinct for self-preservation. Modern China and the CCP are entering the phase of development in which the long-term perspective is the only one that makes sense.
For all the stratospheric annual growth rates and whispers of a new superpower, it is important to remember that China was able to achieve both through near uninhibited capitalism. The income gap has, as a result, increased well beyond sustainable levels, and the name of the game in Chinese society is survival. Most Chinese citizens work incredibly hard and sacrifice an inordinate amount, only to be deprived basic needs such as education, health care, and sanitary living conditions. Their efforts are the baseline necessary to tread water; upward social mobility further requires backdoor dealings and ruthless competition, both of which are manifest in the rampant corruption in governmental entities and corporations. Economic development has afforded Chinese citizens more contact with the outside world, and their sophistication and frustration are estimable challenges to the stability of the country and the legitimacy of CCP rule. Between addressing social problems and quashing dissent, the latter is the far easier short-term solution. The CCP’s paranoia over the false alarm that was the “Jasmine Revolution” revealed a fragile and unsteady psychology behind its displays of power. As is the case with many in China, the party’s position is at once enviable and precarious.
Even the staunchest free-marketeers will admit that laissez-faire does not preclude the rule of law, for law is meant to quell the rage of survivalist instinct. The arbiter of these laws is different depending on the narrative of social relations. Let’s start with one more palatable to the Chinese government: in a Hobbesian worldview, the benevolent dictator ensures order and prosperity for his subjects. In order to be effective, this dictator needs to be rational in the economic sense, maximizing self-interest while realizing that happy citizens are in his best interest. The catch is this: a rational dictator should discover at some point that absolute power corrupts absolutely, not just in terms of its effect on personhood, but because it maintains the illusion that it exists. Absolute power is a fantasy with a short shelf-life. It eventually isolates the dictator to the extent that he loses touch with reality. To maintain his efficacy, he needs to first subject himself to a mechanism for keeping abreast of the state of things and how best to address them. That is, he has to admit the limits of his knowledge and authority to absorb a necessary diet of new ideas.
If the end game sounds a lot like a system of checks and balances, it is. While unthinkable on a macro level, the Chinese government has begun to implement such a system in certain pockets of the law, most prominently in criminal procedure. The recent crackdown on human rights lawyers, artists and other political activists has demonstrated, however, that where such procedures have been imperfectly drafted, no attempt has been made to amend them, and where they provide for police discretion, judgment calls are never challenged or reviewed.
Ai Weiwei’s detention is a good example of these shortcomings in the pre-trial phase of prosecution. Ai has been in detention for nearly a month now without any notification of his whereabouts or the specific charges leveled against him. The Criminal Procedure Law states that a person may be held for up to thirty days only in limited circumstances. Notice of detention is not required if the police believe that it would interfere with their investigation. Despite assurances by the Lawyer’s Law that suspects have the right to meet with their attorneys without exception, the CPL allows investigators to prohibit such a meeting if the case involves “state secrets”. Invariably, the police find all exceptions applicable in sensitive cases of a political nature. Neither the judiciary nor the procuracy (prosecutors) are able to review these decisions.
In the case of lawyer Li Zhuang, who had been sentenced a little less than two years ago for “lawyer’s perjury” (encouraging a client to give false testimony) and tried again last month for enticing a witness to fabricate evidence, his appearances in court strongly suggest that the judge, prosecutors, and police acted in concert to ensure a guilty verdict. In both trials, no live witnesses were called—the only evidence was written witness statements, which cannot be cross-examined to test for veracity or coercion. During the sentencing phase of the first trial, Li angrily yelled out upon receiving his sentence that he had been framed and was recanting his confession, leading many Chinese legal experts to believe that he had confessed under false guarantee of reduced jail time. The judge did not further investigate. Before Wen Qiang, Chongqing’s corrupt police chief, appealed his guilty verdict, Judge Wang Lixin, who presided in the trial, posted his diary to the official website of the Supreme People’s Court. In it were accounts clearly showing that trial prep responsibilities were being coordinated in meetings between himself, the attorney general, and the police chief that took place before the trial commenced.
A legislator, an enforcer, an interpreter—a robust system of law may not require all three roles, but it certainly requires all three perspectives. For how complete can the law be without someone to create and prune it, someone to clarify it, and someone to implement it? Where one or more perspectives are toothless, their adoption is the next step in developing the “wise restraints that make men free,” one level of abstraction above ingrained social values, one level below a self-governing system of laws that makes a benevolent and functional government possible. These restraints can only be established if a society trusts their potential to bring about growth and longevity. Reform must present a new face to a country unsympathetic to it. For the CCP, reform should be understood as a long-term strategy that works with reality, that realizes no state can be all-knowing without a means of outside education and improvement, and no lawyer can be cowed into silence for long.
TIME Magazine’s 100 most influential people: hire Mario Testino next time
April 25, 2011 § Leave a comment
By Rebecca Liao
As a serious journalistic publication, TIME Magazine is an old hat at making people who are not, perhaps, naturally photogenic photograph well. Its signature portrait is a brightly-lit closeup against a neutral background with an intriguing facial expression that, at its dullest, makes the viewer curious and, at its most effective, entices the viewer to mirror the image. Bottom line, though, the magazine’s honorees need to look good. This was especially important this year because, unlike in previous years, TIME decided to reduce many of the tributes accompanying the photographs to an ant-like 4 point font. If we didn’t bother to read the tributes before, we certainly didn’t read them this time around. The photos were left to stand on their own, and it became clear that TIME doesn’t quite always know how to style or incorporate props into people’s personas. Two suggestions for next year: supersize the tributes, or hire Mario Testino (I hear he’s still cheaper than Annie Leibowitz). Am I being too harsh? Let me know in the comments!
The lovely and hilarious Amy Poehler is expanding her repertoire to Shakespeare and will star this summer as Queen Titania in Shakespeare in the Park’s production of A Midsummer Night’s Dream. Oh, wait, that’s not the play they’re doing this summer? Oh, I get it, Amy’s show is Parks and Recreation, which has to do with nature, hence the crown of flowers. Judging by her expression, she seems to be a little befuddled by it too, but completely game, which is why we love her and all her cohorts from SNL. Still, this was hardly a Tina-Fey-hiding-under-the-desk-Amex moment.
We all know Mark Zuckerberg is a visionary, and this is before he has actually pocketed the billions and has Twitter nipping at his ankles. We have all suspected he’s not human, but according to The Social Network, he’s all too human, and you can’t create that characterization out of thin air lest the reality catch up all too quickly. This photo throws that whole storyline into doubt, though. That light in his eyes and on his forehead–I’ve seen it before. He’s receiving knowledge from a higher source and will disregard Indiana Jones’ warning to cover his eyes before…no, can’t be. He looks so calm.
I never thought that an educated and cultured woman would share so much with Sarah Palin: overexposure, unintelligible interview responses and shameless opportunism. Only Palin is a politician, so she’s somewhat expected to have those traits. Amy Chua, on the other hand, marketed herself as the model mother, not perfect, but certainly better than any of the empathetic Western parents out there with failures for children. That image has started to chip away as Chua has settled into the public eye and is ready to really have some fun. At a talk hosted by the Wall Street Journal at the New York Public Library a few weeks ago, Chua wore a suspiciously short (as in, personally tailored) blue tweed skirt that she had to constantly adjust as she shifted in her chair. Yes, it’s just a goddamn skirt, but no tiger cub would have overlooked such a detail. The photo for TIME 100 follows in the same vein. Like all those who futilely tried to dissuade the Tea Party from adopting the term for a sexual position to describe themselves, I would like to point out that “dominatrix” is a sexual term. It is a role that should be embraced as a wife. But Chua has hid her role as a wife to the public. To us, she’s only a mother. I think we’re all due for some therapy…
Which brings us to Pixar! Who doesn’t love a Pixar movie? Except, perhaps, its Chief Creative Officer? Granted, I would be a little morose too if I had to fight for real estate with the characters I created. Lasseter appears to be drowning in a sea of childlike joyfulness and doing his best impression of a sage to balance the narrative. Always on the job, I see. I knew there was a reason I actually pay to see his movies.
It’s hard to label a chef heroic. Chefs are in the pleasure business, and their craft does not easily translate to revolutionary, world-changing ideas (unless you’re Alice Waters and have convinced people who can afford it that Whole Foods and farmer’s markets are the only acceptable places to shop for groceries). If anyone has earned the honor in America, however, it’s Grant Achatz. Executive Chef at Alinea in Chicago, Grant is one of the leaders in molecular gastronomy. As his star was rising in 2007, he was diagnosed with mouth cancer and lost his ability to taste. Now cancer free and armed with a newly cerebral approach acquired when he had to build a sense of taste independent of the palate, his output of innovative dishes is as furious and delightful as ever. The field in which he works can challenge even the most adventurous eater. My family is from southern China; all the wild stories people have about the food we eat is true (there are lots of animals, not all raised on a farm, many of them quite cute). A potato impaled with a test tube, I have no problem. Vaporized Rocky Mountain oysters (not on the Alinea menu), I can also do. A pheasant presented like a science experiment, maybe it’s the vegetarianism buzzing in my ear, but I really don’t want to eat that pheasant. The photo gives the science-heavy molecular gastronomy a bad name; it’s much better if we just remain ignorant of where our food comes from.
I have never met Sting in person. From his performances and interviews, though, he doesn’t strike me as Agent Smith from the Matrix. This is one of the photos shot with the signature TIME look that did not fare so well. I wouldn’t worry about next time: Mario Testino is universally charming, unless you’ve seen The September Issue, in which case, you know he can sometimes flaunt direction. (But the honorees would look happier!)
All along, we thought that Arianna Huffington was after Tina Brown’s life: glamorous and powerful editor who covers and hosts the most important political and cultural luminaries. It turns out we were all wrong. This photo may have been TIME’s most grievous error, an image that gives away something about Arianna that she probably does not want the world to know yet. Tina Brown was never her target. It’s this woman:
What is happening at the Mariinsky?
April 18, 2011 § Leave a comment
By Rebecca Liao
Uliana Lopatkina, Prima Ballerina of the Mariinsky Ballet in Russia, was set to debut as Juliet in Romeo and Juliet on April 21 at the Mariinsky’s Eleventh Annual International Ballet Festival in St. Petersburg. Last week, we learned that she had pulled out of this long-anticipated performance and would be replaced by first soloist Olesya Novikova. Given how frequently and publicly Lopatkina has voiced her desire to dance Juliet, this was a bizarre turn of events. Even more bizarre was the lack of explanation behind the casting change. Here was my attempt to get some answers:
Beijing Bob: Protester as Possum
April 13, 2011 § 7 Comments
By Rebecca Liao
Uninhibited exercise of free speech is a useless fantasy. Two Sundays ago on Meet the Press, Senator Lindsey Graham gave the following unfortunately-worded condemnation of Terry Jones’ burning of the Koran in Florida: “I wish we could find a way to hold people accountable. Free speech is a great idea, but we’re in a war.” The “fighting words doctrine” in US constitutional law recognizes that words that can only inflict injury or immediately incite violence are not protected under the First Amendment. Those are just some of the officially-sanctioned restrictions on free speech. Then there’s the social filtering that Carolina Herrera put best in her Proust Questionnaire for Vanity Fair: when asked when she lies, she answered, the ellipses emphasizing the obviousness of the response, “Whenever I have to…it’s called manners.” Social activists worth their salt would never worry about being rude, but that is not to say they do not have a keen instinct for expedient self-censorship.
For an iconic voice of the protest generation, Bob Dylan doesn’t talk very much. In concerts, he only speaks to introduce the band members. His interviews are really only quotable if questions are included, just to give a sense of how frustrating and hilarious his stubbornly non-sequitur answers can be. More importantly, Dylan never says what the listening public wants or expects him, of “Blowin’ in the Wind” and “The Times They Are a-Changin” fame, to say. The seeming disconnect between the person and the personality is pronounced to the point that many still have a hard time believing it exists, which leads to misguided outbursts as newsworthy as the episodes that inspire them. In reaction to Dylan’s performing in China according to a setlist pre-approved by the Ministry of Culture and failing to voice support for detained artist Ai Weiwei, Human Rights Watch had a go at the singer, as did the New York Post and John Whitehead at HuffPo. In the end, though, it was Maureen Dowd who really did Beijing Bob proud with a scathing op-ed in the New York Times:
The idea that the raspy troubadour of ’60s freedom anthems would go to a dictatorship and not sing those anthems is a whole new kind of sellout — even worse than Beyoncé, Mariah and Usher collecting millions to croon to Qaddafi’s family, or Elton John raking in a fortune to serenade gay-bashers at Rush Limbaugh’s fourth wedding[…]
Dylan said nothing about [Ai] Weiwei’s detention, didn’t offer a reprise of ‘Hurricane,’ his song about ‘the man the authorities came to blame for something that he never done.’ He sang his censored set, took his pile of Communist cash and left.
Dowd does eventually acknowledge Dylan’s reluctance to be a protest figure, but rather than accept that as an explanation, let alone an excuse, for his refusal to be overtly topical, she suggests that he was a cynical sell-out from the very beginning, leveraging the fertile socio-political culture of the 60s to become famous, only to cut and run once he had succeeded. It’s a fair, but nauseatingly demanding, point that, as Alex Ross, classical music critic for the New Yorker, said over the weekend, smacks of “the worst sort of armchair moralism”. Given the body of work sung in place of the anthems Dowd so wanted to hear, among them “A Hard Rain’s A-Gonna Fall,” “Gonna Change My Way of Thinking,” “Like a Rolling Stone,” and “Desolation Row,” it’s also a lazy and unprofessional point that was probably conceived and written before Dowd had done any fact-checking (i.e. looked up the list of songs performed). So what she and her fellow critics hated wasn’t exactly what Dylan actually did in China so much as the very idea that he would go there and not be Yankee gangbusters.
This is the exact kind of narrow, inflexible, commercial-friendly generalization Dylan ran away from when he was first anointed a visionary and brave folk singer. Direct criticism is not the only way to effectively make a point. Dylan’s songs largely shy away from proper references; they instead work by playing off the atmosphere in which they are performed. They will always be associated with the events and spirit of a certain era, but someone with no knowledge of their history will find that the lyrics, inflections and chord relations are actually quite well suited to counterculture tendencies in any socio-political landscape.
If anything, Dylan’s decades-long slide into the uncooperative eccentric has further enforced the subversive nature of his work. It began innocuously with altered melodies and transposed lyrics. It graduated to a game of cat and mouse with the press generally and, as Paul Williams put it, “cause-chasing liberals who concern themselves with the issues and have no real empathy for people” in particular. If people insisted often enough that a song had a certain significance despite Dylan’s denial, he would give in and make up a clearly bogus backstory. At some point, the artist became unrecognizable, his delivery in concerts as unpredictable in quality and substance as only the most die-hard Dylan and music-legend fans would tolerate. Whether these are the tricks of a calculating fameball, a tired performer, or just an artist that has refocused his perspective is not clear. What is evident, though, is that Dylan is not comfortable being in anyone’s corner, neither that of William Zantzinger nor Hattie Carroll’s champions. It leads to a funny outcome in which the message of the music maintains its clear bent but remains almost universally claimable because it refuses all allegiances.
More importantly, it’s the sort of “protest” that goes over well in China. The Ministry of Culture allegedly did screened Dylan’s setlist, but lyrics like the following from “Gonna Change My Way of Thinking” slipped past:
Gonna change my way of thinking
Make myself a different set of rules
Gonna change my way of thinking
Make myself a different set of rules
Gonna put my good foot forward
And stop being influenced by foolsSo much oppression
Can’t keep track of it no more
So much oppression
Can’t keep track of it no more
Sons becoming husbands to their mothers
And old men turning young daughters into whores
As did this gem from “Desolation Row”:
Now at midnight all the agents
And the superhuman crew
Come out and round up everyone
That knows more than they do
Then they bring them to the factory
Where the heart-attack machine
Is strapped across their shoulders
And then the kerosene
Is brought down from the castles
By insurance men who go
Check to see that nobody is escaping
To Desolation Row
Chances are the Chinese officials didn’t see a “Free Tibet” riff on the program and let it go. It’s also plausible that the Chinese government categorically likes Dylan’s music: CCTV played “Blowin’ in the Wind” in the background for their feature on him. One man’s protest song is another man’s…protest song, equally applicable against Communist regimes and Imperialist barbarians.
Contrast that with Ai Weiwei, who makes both his political activities and the identity of those on the receiving end clear. On the eve of the Beijing Olympics in 2008, for which he helped conceive the Birds Nest Stadium, Ai wrote a column for The Guardian entitled “Why I’ll stay away from the opening ceremony of the Olympics”. It included the following statements:
Almost 60 years after the founding of the People’s Republic, we still live under autocratic rule without universal suffrage. We do not have anopen media even though freedom of expression is more valuable than life itself […]
We must bid farewell to autocracy. Whatever shape it takes, whatever justification it gives, authoritarian government always ends up trampling on equality, denying justice and stealing happiness and laughter from the people.
Ai has reiterated these sentiments in his blog, twitter feed, and interviews with foreign press on a regular basis. He isn’t simply a pundit, though: after the devastating earthquakes in Sichuan province, Ai created an installation for the Haus der Kunst in Munich comprised of 9000 children’s backpacks spelling out, “She lived happily for seven years in this world,” words from a mother who lost her child. Assembling a group of volunteers through the Internet, Ai compiled a list of 5,335 names of children who had been crushed in the rubble. All went to 20 schools whose buildings had collapsed during the quake. Though the government shut down the investigation, it launched one of its own into shoddy classroom construction.
Like Dylan, Ai is an increasingly subversive artist, but their styles could not be more different. In an interview with the Financial Times a year ago, Ai confessed, “You play like a gambler. You may be on a winning streak. You may think: ‘This is a winning table’. And you may fantasize that you can win for ever.” One man has sung his ballads for 60 years; the other has been silenced, hopefully not indefinitely. It would be indefensible to downplay what Ai has sacrificed for his political bravery, but it would be just as irresponsible to encourage him to continue as he has and permanently join the leagues of “crazy, anti-China dissidents” the Chinese public by and large ostracizes. Protest works against a very organized and controlled enemy; it should be just as inclined in order to maximize effectiveness.
Ai’s work is already a powerful tool: regarding his Circle of Animals/Zodiac Heads, Ai explains, “My work is always dealing with real or fake, authenticity, what the value is, and how the value relates to current political and social understandings and misunderstandings. I think there’s a strong humorous aspect there.” Whether by dropping a Ming vase, giving the middle finger to the world’s most recognizable monuments, or decapitating zodiac signs, an irreverence that makes people laugh along with it without causing discomfort is the most untraceable text message.
When Ai Weiwei is released, and he will be released because the Chinese hate more than anything to lose face, he should, as Dylan has, do his job. At the end of the day, we all just work here.
Interview with Zoë Keating
April 9, 2011 § 4 Comments
By Rebecca Liao
For someone with over a million Twitter followers, Zoë Keating is very much alone. She is a one-woman string quartet, using her computer to loop and layer recordings of her playing to create the illusion of multiple instruments. She does not belong to a record label, nor does she have a coterie of handlers. Her album “Into the Trees” debuted at #7 on the Billboard classical chart and shot to #1 on iTunes Classical. Catching a breather at home in Portland, Oregon after completing the first leg of her Out of the Trees tour, which included collaborations with Radiolab, and a visit to Google, Zoë took some time to chat over the phone.
You’re almost done with the first leg of your tour, what has the experience been like, and how has it been different from tours in the past?
I love touring. I love going to new places and meeting new people, trying all the foods of the region. All of that is to say that the feeling of waking up in a different place everyday is both discombobulating and wonderful. And what’s different this time is, obviously, having my family with me. Traveling with a baby means that any time you might normally have off on a tour, you don’t have off anymore because you also have to be a parent. It kind of makes for no down time, but you just take every minute as it goes. I couldn’t do it without my husband coming with me. He does all the baby wrangling during the shows.
Oh, yeah. I imagine you have to wake up several times during the night.
Definitely. One other thing that’s different is that, in my mind, I thought of touring as this thing I do on my own. And now it’s a group operation. I think the three of us (baby, husband, and me) are the smallest operation. I think we’d actually like to take more people with us because then it would easier. Yeah, it’s been good to learn that I need help.
When you meet with your fans before and after shows, what is the most common thing they say to you, other than, of course, “I loved every minute of it”?
(Laughs) It depends on what kind of audience. If they’re musical, they have technical questions. The other thing I hear is, “Oh, you know, I listen to your music all the time while I’m writing, or while I’m painting,” or “I listen to your music while I’m doing this or another thing, and it really helps.” I also hear a lot of people say, they gave up an instrument when they were younger. Then they heard me and picked it up again. Those are my favorite kinds of comments.
Do you have an audience member in mind when you write music?
No, not at all. It’s very personal. I don’t really imagine the listeners. (Laughs) Although, after the concert, I do like to go out and talk to everybody. This is a very important part of the show for me. It’s like closure. But when I’m actually creating the music, it’s a very personal experience where I’m making my own world, and it’s not about who listens to it; it’s more about some kind of abstract thing I’m trying to create.
Describe your composition process to me. Do you start off with this musical idea in your head, and you know where you want to go with it? Or is it more, this is sort of what I want to express, and let me try out these different phrases?
Often the pieces start out with a feeling. There’s some kind of, I don’t want to use the word emotion, cause that seems sort of flat, really. There’s some sort of feeling that I’m trying to capture in music. I’ll want the music to feel like that. As far as the content of that feeling, it comes from improvisation or mistakes in a previous performance, or I kind of build it up from little bits and let it develop organically. Sometimes, the feeling might change along the way, and I might go somewhere else. Other times, I stick to this feeling that I have in the beginning, and I try to make all of the parts match that emotion. I don’t really know the word to use. That’s why it’s music. (Laughs) It’s sort of a direction, like a motion and an emotional feeling. I’m trying to make a musical version of those two things together.
Yes, I know what you’re talking about since I have a bit of a dance background.
Yeah, if you’re a dancer, you would definitely get that.
I read one of your previous interviews, and you said there was a piece of music in your CD that started with a happy accident during a performance. Do you often remember a lot of those instances? For me, it’s harder to remember something that happens in music the same way I remember a quote from a book, say. But for you, is it natural to keep everything in your head?
I do tend to remember musical phrases, sometimes better than I remember words. It’s kind of like a “finger memory”. My fingers remember what they did. Sometimes, it’s frustrating to hear what I think is “the melody to end all melodies”. I’ll hear it in my head while I’m walking, and I’ll want to do it in the studio, but by the time I get around to it, I’ve forgotten it. Whereas, if I play it on the cello, I’ll probably always remember it.
Walk us through one of your performances. I know that it’s part what you’ve already composed, and it’s part improvisation. How do you navigate the two when you’re on stage?
I have to sort of not think about it. It’s funny: I have my eyes closed because it helps me to concentrate. I’m really concentrating, but I’m not thinking directly, “Now I will do this, and now I will do this.” It’s concentrating on this overarching abstract thing. It’s a funny state of mind that I find sort of hard to describe. I make these strictures in advance. The piece is pretty composed, and I just sort of practice it enough so that I know what to do, and then I don’t have to think about that part.
There’s also a lot of math. I have to make all the numbers of loops add up. On stage, I don’t really think about that either. I just sort of practice it enough so that it becomes second nature. I’m not being very helpful in my description.
No, that totally makes sense.
It’s a lot of work beforehand, just like it would be for a classical piece, really. You have to learn the piece of music in an incremental way. You learn it phrase by phrase, and then you learn the whole thing. I do it the same way I would do classical music, except that I also have a bit of programming in there that’s telling the computer what to do and when to do it: for example, record me for 4 bars, stop recording me for 4 bars, record the next track for two bars, fade down track 1. It’s very similar to the stuff you would have in a musical score. So when I get up on stage, I just have to do the right thing at the right time. I could take over with my feet, if I wanted to, but once I have a piece a certain way, I tend to stick to it that way, and change little bits here and there.
So you play the cello, and the computer just sort of goes, and you only use your feet when you want to change something up?
Yes and no. The computer knows when to record me, so if I didn’t do anything, nothing would happen. There would be no audio. The parts of the song are broken into these things I call modules. When one section of a piece is finished, it will trigger the next section. So if I wanted one section to go longer, I could stop it from triggering that next section. Or, I could have it go to a different section. It’s a little bit like, “Choose your own adventure.” Sometimes, I might start out a piece using this method and then stop it and take over entirely with my feet.
The MIDI commands are what tells the computer what to do. When I send the MIDI command, the computer knows to start recording or stop recording or mute or unmute something or to chop up a phrase. But if I were to send a MIDI command with my foot for every single thing I do, I would do so much tap dancing because there are so many things going on all at once. Once I got this method of doing automated MIDI control, it freed me up to do things that were much more musically complex and not quite so linear. When you hear someone doing looping, it often sounds kind of linear because you get a phrase going and it has to go for the whole song. Automated MIDI allows me to have more different sections and be a little more flexible in how I want to make the piece.
Creating something beautiful and personally meaningful is your main objective, but I was wondering if you have an idea for how you’d like to move music along in general?
My philosophy is that music does move along. I find it frustrating that it’s segmented into these different genres. Classical music is something that is from the past; it will play forever a certain way. Obviously, music evolves. One thing that I would like to do is help break down the barriers between different genres. It doesn’t have to be that your identity means that you only listen to one specific kind of music. I often notice that one particular social group will listen to one particular kind of music. If their friends find out that they listen to another kind of music, they might be ostracized, especially with young people. I listen to all different kinds of music.
Just segueing a bit here, I’m curious, how has motherhood changed you as a musician, if it has at all?
Well, that’s an ongoing question. It’s always changing, just like your kids are always changing. Right now, it’s changed my relationship to time because time is broken up into smaller chunks. I’ve yet to do any major composing since I became a mother. I released my album right when my son was born, so I’ve focused on promoting that and touring on it. The next stage is for me to figure out how to compose. I spend long hours doing that, and that’s something you can’t do if you’re nursing. So I’ll have to keep answering that question in the future.
Do you think in future albums, you’ll compose something for your baby?
Most likely. He’s a huge inspiration. I’m inspired by whatever’s going on in my life, and he’s obviously the biggest thing going on right now.
If we could go way back and talk about why you chose to go into technology right out of college.
I went into technology because it was the only choice at that time. I had student loans to pay off, the dot-com boom was happening, and it was a great way for someone with a liberal arts degree to get a job. I always cared a lot about not doing anything evil. I didn’t like the idea of working for a company that created a lot of stuff, be cause I’m sort of anti-stuff. Working in a dot-com, it wasn’t even really clear what you were making!
You really don’t know what you’re going to do right out of college. I once thought I might go into advertising, and I thought I might be good at it, but I knew that I’d have to work on products I didn’t believe in, like cars or Coca-Cola, a lot of things I just can’t support, so technology was a great industry to be working in. And it was an intellectual challenge that I really enjoyed.
I know you get asked this question a lot, but we can never ask you too many times because you’ve done this so successfully. How does a musician harness social media to build a successful career?
Just like everything else, it’s incremental. Looking back on it, it seems like, “Oh, you were so clever in doing something,” but really I just threw myself out there to see what would work. The main part of it is always being honest. I just use all those tools to be myself and never be out of character. There are tools that we use like anything else, and you have to keep your integrity, and not just use them as marketing. I think if you only think of them as marketing, you won’t succeed. Unless you’re really clever, maybe you can, I don’t know.
Do you mean by that that you have to have a personal connection with your fans so that when they ask you a question, you’re not going to give a PR response?
Exactly. Basically what it means is that it’s just me, and whatever I use, I’m always going to be myself. My motivation is to be myself, and not promote myself, you know what I mean? It ends up being very simple, but I just feel that a lot of people are either trying too hard or being fake.
You were named a Young Global Leader. What does that role entail and what would you like to do with it?
I don’t know yet. It sort of came out of the blue while I was on tour, and I was really surprised by it. I have to think about that for a few months. Right now, it’s a little hard for me to act on because I’m a new mother. I did say to them, “Next year, I’d like to think about this more.” It sounds like an amazing opportunity, and I don’t want to take it for granted. It did just sort of come out of the blue.
That must have been an amazing phone call to get.
Yeah, it was actually.
Preview: Ai Weiwei’s Circle of Animals/Zodiac Heads
April 6, 2011 § 1 Comment
By Rebecca Liao
Unveiled at the São Paolo Biennale in Brazil in September, 2010, Circle of Animals/Zodiac Heads by China’s foremost contemporary artist Ai Weiwei will begin its international tour at the Pulitzer Fountain at Grand Army Plaza near Central Park and the Plaza Hotel. Circle of Animals/Zodiac Heads is based on the fountain clock at Yuanming Yuan, an 18th-century imperial retreat outside Beijing, and is Ai Weiwei’s first major public sculpture. Commissioned by Emperor Qianglong of the Qing dynasty from two European Jesuits serving in his court, the clock featured the heads of the twelve animals in the Chinese zodiac spouting water every two hours. In 1860, the Yuanming Yuan was ransacked by French and British troops, and the heads were pillaged. Early 2009, the heads depicting the rabbit and rat were auctioned off by Christie’s as part of Yves Saint Laurent’s estate despite vehement objections from the Chinese government and advocacy groups. (Wealthy art collector Cai Mingchao ended up sabotaging the auction by posting the winning bid and then refusing to pay.) Today, five other heads – the ox, tiger, horse, monkey and boar – have been located; the whereabouts of the other five are unknown.
Four feet high (10 feet when the base is included), three feet wide, and 800 pounds, Ai Weiwei’s heads are far from replicas of the originals. He explained it this way to AW Asia, “My work is always dealing with real or fake, authenticity, what the value is, and how the value relates to current political and social understandings and misunderstandings.” (Full interview)
Sunday morning, officials in China detained Ai Weiwei as he attempted to board a plane bound for Hong Kong. His wife, nephew, and a handful of his employees were arrested and questioned as well. The US, UK, France, Germany, and the European Union have since called for his release. Officials in China remain steadfastly silent on his whereabouts.
Circle of Animals/Zodiac Heads will be revealed in New York as planned on May 2–one day after May Day.
In the meantime, here is a preview of the sculptures. Throughout the turmoil, we shouldn’t forget that ultimately, Ai Weiwei views the exhibition as “an object that doesn’t have a monumental quality, but rather is a funny piece.” (If you place your cursor over an animal’s image, its characteristics will pop up. All images are courtesy of AW Asia.)
Yundi and Tchaikovsky, Blomstedt and Sibelius
April 4, 2011 § Leave a comment
By Rebecca Liao
For a performer, a rough day at the office is one in which the audience is reminded that the office actually exists. It is show biz fail to admit to mistakes and allow people to see the effort. Such seemed to be the fate of the San Francisco Symphony as it kicked off its concert of Tchaikovsky’s Piano Concerto No. 1 and Sibelius’ Symphony No. 2 on Saturday night at Davies Symphony Hall.
According to critics who attended the weekday performances, Yundi Li did not have a smooth landing in San Francisco. Watching him walk the plank to the piano bench with Conductor Laureate Herbert Blomstedt in tow, I could see that bitter cocktail of fresh, tepid reviews, an almost incurable discomfort with showmanship, and lingering self-consciousness from a career whose days of being the youngest winner ever of the International Frédéric Chopin Piano Competition are long over (Deutsche Grammophon dropped him two years ago) course through his system. He bowed stiffly. He slowly outstretched his hand and focused on its counterpart for the customary handshake with the concertmaster, awkwardly revealing that, while a duty for all soloists, it is really just that for him. His coattails needed to be adjusted several times when he first settled on the bench. His pants didn’t fit well. His hair was possibly the biggest offense of all, a far cry from the straightened-and-flipped locks of his press pictures. Without the hair and makeup team, it was a loosely crimped weave, no hints of luster or gel.
Warhorse and piano virtuoso are usually a foolproof combination. However, aside from the Chopin Piano Concerto No. 1 that made his name, Yundi does not speak in warhorses. Tchaikovsky’s thunderous opening chords lacked a consistency in dynamics that most pianists of his renown can rely on as an assuring warm-up. A loud, straightforward announcement such as this cannot be found in the Chopin nocturnes and Lizst sonatas that dominate Yundi’s recording repertoire. To his credit, he wrangled the notes in time to avoid distracting from the strings’ exposition of the opening theme. The effort was not without casualty: the arpeggiated notes lost the timing and deftness required to make them into a coherent forward movement. Worse, Yundi and the SFS seemed to have momentarily lost each other. Doubts of Yundi’s abilities outside the recital context were gaining traction, and the first movement had just begun.
When it came time to repeat the opening theme, the SFS and soloist had had enough. Both used the swell of Tchaikovsky’s narrative to reset, but that is not to say they then proceeded through the traditional route. The SFS can be workmanlike, bordering on robotic, with Tchaikovsky’s concertos, and Saturday night was no exception; Yundi’s calling card is a sensitive and subtle elegance most clearly heard when no other sounds threaten to overwhelm the piano. Together, they would never cruise in the stratosphere; just as well, it’s crowded up there.
Instead, they went for something much rarer: an arch reading of a heroic work, more Chekhov than Mother Russia. During the second movement, Yundi moved completely economically. He betrayed no sign of the slow swaying of the upper body and shaking of the head that has practically become a part of the technique. His fingers moved deliberately, but unhurriedly; it was a very contemplative and studied delivery that acknowledged, without milking, the plentiful nuances in the slower amble of notes. The flute and cello solos introduced the orchestra’s response: each musician took their time with the pauses and eased into the notes that followed through an inflection point, giving the effect of a skillfully rendered soliloquy.
For those who expected fireworks from Tchaikovsky, the third movement did not disappoint. Turns out someone who has mastered Lizst can play with great speed, accuracy, and conviction. Yundi became a completely different pianist at the signal of the timpani, springing from his bench with his forehead cocked forward in intense concentration and cheeks jiggling from the sprint of his hands. To confirm that the second movement was no coping mechanism, the orchestra executed the climax with the same subtle phrasing.
Any Sibelius symphony played by the San Francisco Symphony with Blomstedt at the helm threatens to be the definitive version. But with its inversion of the classical structure, rhythmic irregularity, explosiveness and tenderness, and history as Finland’s reluctant “Symphony of Independence,” Sibelius’ second symphony is a minefield for interpreters. Herbert von Karajan all but raced through it to avoid the expressive challenges, and Leonard Bernstein’s trademark molasses pace undermined the unity of what is, on the surface, a work already precariously put together. Unlocking the internal logic of the symphony, which Sibelius preferred to emphasize over the socio-political overtones, involves a thorough and inventive understanding of its tempos, namely how they can be manipulated. There were no hints of the more rigid, almost staccato, playing from the Tchaikovsky. Rather, key motifs in each movement were parsed so that the last notes of a phrase were allowed to gradually peter out before moving on. Combined with confident execution throughout from all solos and the full orchestra, the SFS was by turns majestic and lyrical without ever losing its train of thought. Occasional wobbles from the brass and woodwinds aside, this was a performance so beautifully controlled that it grabbed the aura of inevitability from the first three notes and never relinquished it.
New Tenants at the Arcades
March 23, 2011 § Leave a comment
By Rebecca Liao
Nobody shops at the Arcades, unless they do not have anything to buy. Even at the height of their modernity, the indoor mazes of stores and restaurants beneath vaulted ceilings of iron and glass were more the territory of the incurable and occasional flâneurs. No matter, though; one thing the Arcades have never been is irrelevant. They were once the newest act in town. They are now an inside secret for the self-identified cultured traveler, which perversely makes them cooler than they ever were. The type of tenants they attract has remained the same: oddities that would not survive if they were not all housed under one chic roof and, therefore, able to play the legitimacy-by-numbers game. The same appeal underlies this form of entertainment:
Every few weeks, I will introduce new tenants to the neighborhood.
– Tibor de Nagy Gallery: Painters & Poets Non-obvious mashups do not often lead to movements, but when you have the Abstract Expressionists as an ally, the prospects look much better, as in you might even name yourself after, and therefore claim to represent, a cultural capital.
– As the Federer Express was pulling into the U.S. Open in 2006, David Foster Wallace wrote what is still the most insightful and beautiful analysis of Roger Federer’s game. Eight Grand Slams later, Federer still owes many a lionizing (re)introduction to DFW’s poetry. Turns out DFW has a track record of elucidating and bringing heft to sissy, alien institutions. Sequitur regularly partners his work with contemporary classical music, most recently performing “Tri-Stan” (based on the story “Tri-Stan: I Sold Sissee Nar to Ecko”) and “Everything is Green” at Symphony Space in NYC.
– Street performers are generally kicked out of private shopping areas, but it’d be a pity to constrain Hanh-Bin to a concert hall.
– Uber-hippie John Luther Adams was finally convinced to bring his monolithic “Inuksuit” to an urban performance space. A student in the legendary Stanford course “Rock, Sex and Rebellion” once wrote in a paper about Led Zeppelin’s “Whole Lotta Love:” “[That song] makes me want to have sex like burning.” Not there yet, but we are a lot closer than we’ve been in years.
– More than a hundred years after its founding, The Ballets Russes, as it originally existed in Paris, still captures the imagination. Each new incarnation seeks a direct link to the source, rather than all the re-interpretations that have come since. Most recently, the prima ballerina and sane half of a pair of genius siblings received their curtain call.
– Food court is calling. During the last couple of years, The Village Pub in Woodside, CA was quite happy being the watering hole for Silicon Valley’s beautiful people. It’s finally taken a cue from its customers and iterated, only instead of obnoxious new tools for pushing borders on privacy, it’s offering bottarga, bone marrow and Bergamot Crème Anglaise.
Salon97
February 28, 2011 § Leave a comment
By Rebecca Liao
The Yes We Can House is one of San Francisco’s last true urban legends—it has no website, its own or one created on its behalf (unless my Googling skills need polishing). Like all urban legends, it emits an ensnaring combination of bad/good luck. Good luck in that parking was easy to find and there was an auspicious sign outside that always indicates good people and times will freely flow.
Bad luck in that these once adorable dolls and children’s toys hung from trees and were stuffed into spaces in the doors. The wooden ones are in great shape, the lacquered paint still shiny and holding the promise of lack of use or absence of excessive handling. The fabric ones aren’t faring so well, discolored and bent into unnatural shapes—it recalled La Isla de las Muñecas in Mexico, another legend based on dolls as the greeting party. Maybe a tradition exists of hanging anthropomorphisms outside a building to scare away evil spirits, I’m not sure. But because one striking similarity existed, another must as well. I guess it is good luck, then, that the similarity ended up proving itself true.
I am ashamed to say that I did not arrive early enough to hear Cariwyl Hebert, founder and head of Salon97, give her introductory speech about the theme for the concert and the pieces that would be played. As the concert progressed, though, I was able to discern: Jewish Kabbalah, one of Schubert’s more famous works about death, and a couple of more obscure works associated with Schubert’s famous death. Put it all together, and you have a Chagall painting. Chagall paintings often have doll-like figures in them. Alright, let me try again.
Osvaldo Golijov’s Dreams and Prayers of Isaac the Blind is a deeply spiritual, mystical piece that envisions the string quartet as Isaac the Blind’s teaching that the universe is comprised of the Hebrew alphabet letters. “Isaac’s lifelong devotion to his art is as striking as that of string quartets and Klezmer musicians. In their search for something that arises from tangible elements but transcends them, they are all reaching a state of communion,” says Golijov in his notes to the work. Whether through this all-embracing, high-minded spirituality that is unfairly the territory of the 60s or the dolls, Schubert’s Quartet in G major failed to tempt a passive lean and free-fall into the abyss of unstable major-minor chord modulations and became a sublime contemplation whose contours formed through successive contractions and forward surges. Death and the Maiden lost its ability to affect mood, and its ostensible unhappiness seemed a mere concept to be contemplated over beautiful music. The epic Quintet in C major brought things full circle by first returning to the innovative techniques of the quartet, which Ligeti and many other 20th century composers cite as an influence, with an expansive sound world Mahler would eventually adopt as his signature. We ended with a Hungarian rondo, the cello more subtle than the clarinet.
If classical music is the new underground scene, it is in no small part due to the efforts of the violist in the communist green Mao hat, and his group of highly skilled and earnest chamber musicians. Classical Revolution is the virtual mothership of the SF classical music counterculture, and Charith Premawardhana, founder and artistic director, is its Don. These fabulous motherfuckers are the McSweeney’s of SF classical music. They execute on a vision that those in the establishment with lower risk appetites (which is generally coded language for stilted tastes) put in the reject pile. This happens:
And this happens:
And we’d worry if it didn’t.
Craig Monson, the musicologist who specializes in 17th century music, recently published a book entitled Nuns Behaving Badly. Thom Browne’s debut womenswear show featured nuns being undressed to reveal his clothes underneath. The nun is making a comeback. Not that she ever waned as an object of fascination—everyone in my freshman year dorm made it a point to check out one particular person’s calendar of nuns having fun. What’s interesting about these and many other similar examples is what actually resonates. The most obvious appeal in a nun’s rebellion is its promise of sex, yet Monson’s sexless book got a fun and approving blurb in the New Yorker and Browne’s show served as Simon Doonan’s opening bitchslap in his review of New York Fashion Week. Fun and eyebrow-knitting are dangerously close. Not even the austerity of the New York Public Library and Gregorian chant could bolster the credibility of nuns sporting huge eyelashes and porn heels while being undressed by priests in knee shorts and socks. Desperation is fulfilling the obvious desire, because the obvious desire is the easiest and least knowing, and therefore neither chic nor flattering.
This is not the place to enumerate how classical music can try too hard. Suffice to say Cariwyl does not. She introduces the works with a downtown gait and lilt of tone that suggests she wants you to hear what she’s saying but doesn’t particularly care if you don’t, so of course you listen. No gimmicks, not even the relish or smirk with which Schubert’s syphilis is usually mentioned. Besides, that market has already been cornered in SF: Doonan gave a shout-out to the legendary 80s gay performance group known as The Sisters of Perpetual Indulgence and this happened on my way back home: