Ullmann by Michael Wiener

Legal notions in Viktor Ullmann’s last piano sonata by Michael Wiener (excerpt of LL.M. thesis at the University of London in 2001)

A) Introduction “Art is nature according to mental laws, nature is mind according to natural laws” Viktor Ullmann (1898-1944) While listening to Viktor Ullmann’s 7th piano sonata, this intriguing aphorism from his personal diary “The strange passenger”1, has led me to an empirical search in relation to the following questions: Is it possible to recognise and interpret his music scores as legal texts? Did Ullmann imply an appeal for moral resistance in his music and if so, how did he try to address his fellow inmates in Terezín? His 7th piano sonata, dating from 1944, seems to be most appropriate for the purposes of further research. Ullmann composed this work during captivity in the Nazi concentration camp of Terezín (Theresienstadt). Only two months after its completion he was sent to Auschwitz where he was murdered on 18 October 1944. The sonata is full of musical quotations both from Ullmann’s own work and from pieces of other composers. It is my aim in this essay to transfer legal methodology to musical analysis, treating a music score like a legal text. Points of departure for this analysis are the landmark ruling of Bach v. Longman2 and Friedrich Carl von SAVIGNY’S methodological approach in order to establish tools for interpreting music according to legal methods. Applying Savigny’s converted “canones” to Ullmann’s 7th piano sonata might lead to discern his statements and musical quotations. These findings should provide a better understanding for his appeals and legal notions.

B) Legal notions 1) Music scores v. legal texts Stéphane MALLARMÉ (1842-1898) argued that Music and Letters are but alternative faces of the same thing: ‘the Idea’3. In order to regard a music score as a legal text, it is necessary first to investigate if these two are comparable in their very nature. For this purpose the approach of Lord MANSFIELD in the case of Bach v. Longman [1777] is enlightening: “The words of the Act of Parliament [i. e. the 1710 Statute of Anne] are very large: ‘books and other writings.’ It is not confined to language and letters. Music is a science; it may be written; and the mode of conveying ideas, is by signs and marks.”4 Johann Christian Bach (1735-1782)5 brought the first legal action6 for breach of musical copyright when he began these proceedings in 1773. He contended that the music publishers James Longman and Charles Lukey had infringed the copyrights in his sonata for harpsichord and viola da gamba either on the basis of (a) the 1710 Statute of Anne, (b) the common law, or (c) his royal privilege granted in December 17637. With respect to the 1710 Copyright Act, the question of law was: what kinds of publication were protected by this “Act for the encouragement of learning”? Whereas the text of the 1710 Act only mentioned books, the preamble referred to ‘books and other writings’, but without any further legal definition. Chief Justice Lord Mansfield held that: “the case was so clear and the arguments such, that it was difficult to speak seriously upon it. […] There is no colour for saying that music is not within the Act.”8 Thus Bach v. Longman established the law that music is a form of writing protected by the 1710 Statute of Anne. Eventually, s. 20 of the Literary Copyright Act 1842 extended the performing rights in dramatic works of the Dramatic Copyright Act 1833 to musical compositions9.

Legal notions in Viktor Ullmann’s last piano sonata

If music can be considered as writing and its mode of conveying ideas is by signs and figures, does not the same apply to legal texts, such as statutes and judgements? They are the expression of ideas from either the legislature or the judicature, setting down a number of rules which are usually fixed in a written form. Perhaps a musical composition hides the same sort of social and/or cultural imperatives, e.g. an appeal for moral resistance. Eva Mary GREW wrote in 1940 that: “the essence of all doctrines of moral good can be expressed by music in a way that makes it the supreme moral art. […] music appeals to the soul directly, poetry and the other arts indirectly, reaching the soul through the mind or intellect”10. In more general terms, music might be described as a syntactic system with a vocabulary used in such a way as to generate a semantics11. Descriptions of music often draw an analogy with language, e.g. musical grammar, statement, quotation, irony, dialogues12. Furthermore, works are considered meaningful, i. e. requiring understanding and generating content. The combination of melody, harmony and formal elements may semantically carry associations to extra-musical experiences or objects13. A musical work may be interpreted and thus it can be deemed to be a “text” in the sense of hermeneutics14. This doctrine is concerned with the understanding of statements, which are either written down or fixed in a different way, in order to decipher the underlying message 15. Musical analysis plays a vital role in contemporary musicology. It is concerned with disintegrating a composition into its constituent components in order to investigate the intentions, forms and impacts of this work16. Statements concerning the work, its aesthetic value, historical position, social function and reception are based on an analytical examination of the music. Some musicologists or dance scholars emphasise the limits of language and insist that not everything is reducible to words17. However, the wealth of experience accumulated in traditional legal methodology may help to discover the message(s) of a musical work. Interpreting wordless music according to legal methods may illuminate important but latent discursive and symbolic capacities. 2) Transposition of legal methodology to musical analysis Generally speaking, jurisprudence is concerned with understanding various remarks, i. e. the determination of their normative meaning18. Examining the different possible contents of legal texts, jurisprudence finally opts for the interpretation which seems to be most convincing 19. Legal methodology comprises the entirety of rules in the context of interpreting normative texts.20 In order to understand and interpret legal texts, various legal scholars have suggested the assistance of “canones”. a) Legal methodology of Friedrich Carl von Savigny Friedrich Carl von Savigny21 (1779-1861) developed a concise doctrine of legal interpretation methods with the following elements: (1) grammatical approach (“Wortlaut”), (2) historical approach (“Entstehungsgeschichte”), (3) logical approach (“Kontext eines Rechtsgedankens”) and (4) systematic approach (“Kontext der gesamten Rechtsordnung”). These four canones are commonly called “Savigny’s quartet”22. They neither stand alone nor are they easy to differentiate; according to Savigny their use should be combined in order to serve a better interpretation of legal texts23. The purpose of an interpretation is to reconstruct the train of thought as far as it can be derived from the law itself24. Savigny denies an extensive or restrictive approach, because those forms of interpretation would either enlarge or delimit the scope of the law, in spite of not being grounded in the text itself25.

Legal notions in Viktor Ullmann’s last piano sonata

b) The impact of Savigny’s “canones” Some continental legal systems have adopted Savigny’s “canones” and they are incorporated in several statutes. Arts. 6, 7 of the Austrian “Allgemeines Bürgerliches Gesetzbuch” (ABGB 1811) provide for a literal, a historical and a systematic approach26. Furthermore, art. 12(1) of the Italian “Codice Civile” (1942) prescribes an interpretation of statutes guided by the actual significance of the words, according to the relationship between the words and by the legislative intent27. Moreover, several eminent law scholars employ these “canones” as a point of departure for their own legal methodology, e.g. BYDLINSKI28, LARENZ29, ZIPPELIUS30 and GAST31. A further and more detailed examination of these approaches does not seem to be appropriate32. It is submitted that Savigny’s classical “canones” are a suitable basis for the following analysis of the legal content of musical works. c) Transposition of “legal canones” to “musical canones” In order to transpose legal methodology to musical analysis, Savigny’s four “canones” shall be used as a prototype for “musical canones”. For this purpose, the particularities of the “canones” need to be addressed, e.g. both the grammatical and the historical approaches are only concerned with a single legal provision33. When transferring the “legal canones” to “musical canones” it is important to note that these two methods only refer to the composition which is currently examined. On the other hand, logical and systematic “musical canones” take into account other works - either from the same or from different composers - and consequently establish the links between these compositions. (1) “Grammatical approach” (a) Legal canon Law can only be embodied in words, either in a written form or in oral communication34. Thus, grammatical examination is of primary importance in the interpretation of a text. The literal sense of the words or phrases may be derived from their meaning in ordinary everyday life or in the specific context of the statute in question35. Another condition for any interpretation is the existence of a given text. In some circumstances a text cannot be taken for granted and thus Savigny proposes a so-called “diplomatische Kritik”36. This “diplomatic critique” involves searching for the actual and accurate wording in various sources, such as legal manuscripts. (b) Musical canon In order to fix their musical ideas, composers use a standardised set of symbols, i. e. musical notation, and this system is universally defined, known and followed. A legislator, on the other hand, is obliged to use the same words that are employed in every-day life. Thus, with respect to the grammatical approach, legal texts tend to be more equivocal37 than musical notation. The musical “grammatical canon” is only concerned with the composition in question. It is confined to an examination of objective issues concerning the particular work, such as form, title, key, length, instruments. Another important factor at this stage is the determination of the actual composition. Unlike statutes, which are usually published in official documents38, it is sometimes difficult to trace back both the sources and the final versions of a composition. This is the task of Savigny’S “diplomatic critique”, which retains its importance even when a published edition of the work is available, as there may be inaccuracies and mistakes in the publication. (2) “Historical approach”

Legal notions in Viktor Ullmann’s last piano sonata

(a) Legal canon In order to interpret the meaning of a statute, it is important to research its historical background, since “laws are given to a particular people at a particular time”39. Legislation is an act of sovereignty and thus it is closely related with the history of the state and its population40. The historical approach takes into account the development of the law according to its background, the deliberations in Parliament and the reception in a particular historical setting. (b) Musical canon In terms of the “historical canon”, the composer can be regarded as the legislator. Fortunately, there usually is only one individual who creates a musical work, whereas legislation is passed by a multitude of persons. Thus the determination of their intentions, goals and notions is more difficult with legal methodology41 compared to a single composer. In summary, the musical “historical canon” examines the background and the reception of a musical work as well as the composer’s biography. (3) “Logical approach” (a) Legal canon The logical approach consists in a genetic representation of the statute’s meaning. This third element of Savigny’s “canones” attempts to acknowledge the logical relationship between different ideas within a given statute. However, such a thought needs to be expressed in the law in a written form, because otherwise it would be mere speculation to discuss the logical interdependency. (b) Musical canon Unlike the first two musical canones, the logical approach requires more than one composition and tries to see a connection between them. In many cases, the meaning of a musical quotation is only revealed when the listener establishes a link between different works of the same composer. Quotations from other compositions can shed light upon the context of a musical idea, as the “logical approach” does in legal methodology, e.g. through case law and precedents. (4) “Systematic approach” (a) Legal canon According to Savigny, the systematic approach relates to the inner context which “unifies all legal institutes and rules to one bigger entity”42. Thus, the last “canon” aims at understanding the statutes in their entirety and the connections. Whereas Savigny fought for a very strict, positivistic approach in his 1802 essay, he subsequently stressed the importance of the “ideas” and their underlying rationale43. While the reasons for a law are not literally part of the statute, they can be taken into account for the interpretation of undefined terms, but only with “great prudence”44. (b) Musical canon Savigny’s systematic approach aims at comprehending the law in its entirety. Likewise, musical systematic analysis relates various works of different composers with each other, e.g. examining the use of exact musical quotations or allusions from other compositions. Instrumental quotations of vocal works are of particular importance as the suppressed lyrics may be decisive for the meaning of the composition. Furthermore, tone spellings can reveal underlying ideas and the extensive use of some combinations, such as D-S-C-H (D. Shostakovich) or B-A-C-H (J.S. Bach), make them discernible for a large audience. 3) Application of “musical canones” onto Ullmann’s 7th piano sonata These “musical canones” shall be applied to one of Ullmann’s works. His 7th piano sonata appears to be very appropriate for this purpose because of its historical, personal and musical background. In this section the last movement will be examined in accordance with the four “musical canones”.

Legal notions in Viktor Ullmann’s last piano sonata

a) “Grammatical approach” Before analysing a “text”, be it a legal document or a musical composition, it is essential to determine the actual and accurate text. The manuscripts of Ullmann’s 7th piano sonata are conserved at the Ullmann-Archive, Goetheanum in Dornach (Switzerland) and there exists a published edition from “Schott Musik International”45. The manuscript reveals significant alterations in the structure of the composition: it is probable that the final movement was originally the third movement46, but the original numbering has been crossed out. The opening ten bars are written in ink, while the following 20 bars are noted with indelible pencil and the rest in graphite pencil. The “diplomatic critique” becomes important in the part preceding the fugue. Bars 64 to 71 are marked with “Vi-de”, which usually signifies a leap in a composition47. However, in bar 64 Ullmann has crossed out the “Vi-”, but underlined the “de” in bar 71. Furthermore, variations VII and VIII are deleted, yet the top of the page bears Ullmann’s handwriting with the words “bleibt Alles” (“everything shall remain”). Consequently, all passages – even if crossed out – are included within the composition once more. Illustration 1 – Alterations in variation VII48

Schott’s editor Konrad RICHTER alleges that “the end of the fugue was originally meant to appear, or did in fact appear, on a following page”49, especially as the last bar on page 26 is noted on a very limited area unlike the rest of the manuscript. According to Richter’s opinion, Ullmann had scarcely room for the double-bar lines and thus he added the remark “Fine” at the bottom of the page. Robert KOLBEN50, however, regards this as mere speculation which is useless as no different version of the score exists. Only the last bar – and not the whole page – appears to be condensed which also explains why Ullmann did not start a new page for this single bar only. Illustration 2 – End of the 7th piano sonata

The last movement of his 7th piano sonata is an apt example that the existence of a published edition does not necessarily mean that a “diplomatic critique” is irrelevant. The 5th movement is entitled “Variations and fugue on a Hebrew folk song”.

Legal notions in Viktor Ullmann’s last piano sonata

Illustration 3 – Manuscript of Ullmann’s 7th piano sonata

The D minor theme, covering eight bars, starts in a ¾ bar, but is interrupted by a four-four time in the fifth bar. The introduction of the theme is followed by eight variations and a fugue. The first variation also has a length of eight bars, adopting the same time change in the fifth bar. However, the subsequent variations appear to be more irregular in terms of length and metre, e.g. in variation 5 the metre changes in every single bar: Illustration 4 – Length and metre of the eight variations Var. 1

Var. 2

Var. 3

Var. 4

Var. 5

Var. 6

Var. 7

Var. 8

8 bars

13 bars

9 bars

8 bars

17 bars

11 bars

13 bars

3434 4444

43 44

3434 4444

323 444

32324343 44444444

3232432343 4444444444

34343 44444

343434 444444

Bar 97 starts with the “Fuga: Allo. giocoso energico” and the key changes to D major. Similarly, the dominant six-four time appears for the first time in the last movement and all subsequent 61 bars are meant to be played either in forte or fortissimo, the final bars even with “fff”. The full final movement covers 157 bars and its performance takes approximately six to seven minutes. The cover page of the original manuscript bears the date and place of the composition, Terezín, 22 August 1944, as seen below: Illustration 5 – Cover page It it unclear how Ullmann would have published his work but it appears that he had declared his work finished when inscribing the date on the cover page, either as a preliminary51 or final version52. Some musicologists assume that the first movement of Ullmann’s 7th piano sonata was written last and that the note “Ullmann, 14. III. 44” on page eight of the manuscript denotes the date of accomplishment of the entire sonata 53. On the other hand, the last movement was arguably noted down under great time pressure and the state of the score suggests that Ullmann worked on his last piano sonata until August 194454. Furthermore, the cover page bears the dedication (in French) of this work to his children Max, Jean and Felice who lived at this time. Ullmann’s youngest son Paul, born in 1940, had already died on 14 January 1943 in Terezín55. b) “Historical approach” The second “musical canon” takes into account the genesis and reception of a musical work and also the composer’s biography. (1) Biography56 Viktor Ullmann was born on New Year’s Day in 1898 in Teschen, a town on the Moravian-Polish boarder57. At the age of eleven years he moved with his mother to Vienna58. From 1916 onwards, he served in the Austrian army and was ordered to the Italian front line. After World War I, following in the footsteps of his maternal grandfather, he started law studies at the University of Vienna, and at the same time participated in the composition classes of Arnold Schönberg. During the 1920s, Ullmann played an eminent role in the musical life of Prague, acting as composer, teacher, pianist,

Legal notions in Viktor Ullmann’s last piano sonata

conductor and journalist. In 1931, he took over an anthroposophical bookshop in Stuttgart and temporarily ceased composing59. Due to financial problems with the bookshop, he and his wife returned to Prague in February 1933. There he concentrated once more on composition which eventually led to the winning of the prestigious Hertzka awards in 1934 and 193660. Following the German invasion of Prague, the political climate for Ullmann and his family became increasingly hostile. In 1939 he managed to send two of his children, Felicitas and Johann, with the “Kindertransporte” to Sweden and then to England61. On 8 September 1942, Viktor, his third wife, and his oldest son were deported to the concentration camp Terezín62. This former Austrian citadel was abused by the Nazis as a propaganda camp in order to revert public attention from the Holocaust. At Terezín, Ullmann became very active in creative terms, e.g. organizing chamber concerts, musical lectures and a “studio for contemporary music”. Furthermore, he managed to write more than twenty compositions during his two years of captivity, including three piano sonatas, a string quartet, dozens of songs and an opera, “The Emperor of Atlantis”. On 16 October 1944, Viktor Ullmann was sent, together with his last wife, from Terezín to Auschwitz, where he presumably perished two days later in the gas chambers63.

Illustration 6 - Ullmann, 1924

(2) Genesis The 7th piano sonata is Ullmann’s last but one composition – only “Die Weise von Liebe und Tod des Cornets Christoph Rilke” bears a later date in its dedication for his wife’s 44th birthday on 27 September 194464 but Ullmann had finished this work already by 12 July 1944 65. According to Ullmann’s essay “Goethe and Ghetto”, manuscript paper had become a scarce commodity in Terezín66. His 7th piano sonata only survived as the composer’s manuscript. (3) Circumstances in Terezín Cultural activity in Terezín should be considered against its historical background and its later propagandistic value to the Nazis. Originally, the Austrian emperor Joseph II had founded Terezín as a fortress town in 1780, located roughly 40 miles north of Prague67. It served as a defence and garrison town for 160 years until the German occupation of Czechoslovakia in March 1939. Beginning in November 1941, the Nazis used the one-time fortress as a gathering point for Czech Jews before their final deportation to the extermination camps68. Cultural life began secretly but was later tolerated and even imposed by the Nazis. Subsequently, Terezín was turned into a “show camp” in order to deceive the delegations from the International Red Cross and to lure international public opinion into believing that the Jews were living in a “paradise ghetto”. Music performances and compositions in particular were amazingly diverse, ranging from chamber music and operas to orchestral and choral works. However, once the propaganda film “Der Führer schenkt den Juden eine Stadt” was finished, most of the inmates were deported to Auschwitz in October 1944, including Ullmann. When the Red Army liberated Terezín on 8th May 1945, the soldiers encountered only a few thousand inmates. An estimated 140000 Jews were deported to Terezín between November 1941 and October 1944, and 33000 died in Terezín, another 88000 in extermination camps69. (4) Reception There was no public performance of Ullmann’s 7th piano sonata in Terezín70, and it was not until 41

Legal notions in Viktor Ullmann’s last piano sonata

years later that Robert Kolben premièred the masterpiece on 20 March 1985 in Munich71. Unfortunately, the fellow inmates in Terezín for whom Ullmann wrote this composition were not able to listen to the sonata and so we cannot investigate the immediate impact of his music. Several indications of instrumentation, e.g. string quartet, cembalo, harp, wind instruments, reveal that Ullmann intended to write not only a piano sonata but also a symphony72. It may be assumed that this was the “missing symphony in D major”, as indicated in H.G. ADLER’s book about Terezín73. However, Ullmann was not able to finish the symphony, either because there was no time left for completion of the orchestral version or because a public orchestral performance did not appear feasible under the circumstances in Terezín74. Some 45 years later, the German music professor Bernhard WULFF accomplished the orchestration, and now several recordings of Ullmann’s “2nd symphony” are available75. c) “Logical approach” The “logical approach” takes into account musical quotations of the composer’s own works. (1) Quotations from Ullmann’s opera “The Emperor of Atlantis” On several occasions in his last piano sonata Ullmann quotes prominent parts of his opera “The Emperor of Atlantis or Death Abdicates”. Consequently, background, contents and motives of this opera need to be taken into account while analyzing on the “logical level”. (a) Background The opera was composed in Terezín and dates back to 1943-44. Apparently, the “leisure-time authority” (“Freizeitgestaltung”) had commissioned this work in the framework of its organization of cultural and sports events76. The 24-year-old painter and poet Petr Kien wrote the libretto. As a chamber opera it was scored by Ullmann for seven singers and a thirteen-piece orchestra without choir77. Although it was ready for performance in Terezín, the premiere never took place there, either because the SS prohibited a performance due to obvious allusions to Hitler 78 or because most of the artists involved either decided not to perform or were deported to the extermination camps in October 194479. Finally, the “Emperor of Atlantis” was premièred on 16 December 1975 in Amsterdam under the baton of Kerry Woodward, who also edited the original score80. (b) Contents The country of “Atlantis” is governed by “Kaiser Overall”81 and this entails corruption, fear and extermination. The personified “Death” refuses to be the Emperor’s henchman any longer and decides to go on strike: “Death Abdicates”. First, Kaiser Overall tries to take advantage of this situation promising immortality to his soldiers. However, he quickly realizes that his ultimate goal, a “war of all against all”82, is doomed to failure without the help of Death. Taking into account the chaotic situation where even fatally wounded people are not allowed to die, Overall urges Death to resume his duties. Finally, Death agrees under the condition that Overall become his first victim. The opera ends with him gently guiding the Emperor from the stage through a mirror and eventually Atlantis is liberated from Overall’s reign. (c) Overall-motif In his very first aria the Emperor Overall pronounces his own name on a major seventh. Music example no. 1 - Overall

Legal notions in Viktor Ullmann’s last piano sonata

Ullmann used this interval previously in the aria of the Drummer in order to describe the Emperor’s megalomania. Music example no. 2 - Drummer girl

In another opera dating back to 1936, “The Fall of the Antichrist”, op.9, Ullmann also characterized the Regent, who is the initial typecast of the Emperor, with a major seventh, too. According to WITTHOEFFT83 this was intended to symbolize the hubris of one human being vainly attempting to reach the Almighty God, who often is identified with the pure interval of an octave. At a very prominent position in his 7th piano sonata, the last bar of the variations and before the fugue, Ullmann arguably employs this major seventh again. Music example no. 3 - Bar 96 Bar 96 is characterized by the second fortissimo and the two accents and fermata, which usually denote finality. Thus, Ullmann builds up musical tension and the audience is relieved when the triumphant fugue finally starts in D major with a fresh 6/4 bar. We can thus read the name “Overall” into this dramatic part. Furthermore, the reference to the two tyrant characters in both operas emphasizes Ullmann’s philosophy of spiritual humanism which is opposed to all forms of dictatorship84. It is not unequivocally clear, however, on the manuscript if Ullmann wrote “A natural”85 or “A flat”86 at the beginning of bar 96, as the notation is barely readible. Music example no. 4 – Manuscript (variations - fugue)

The sheet music published by Schott Musik International favoured the “A flat” reading, but this would result in a minor seventh as the subsequent interval. The editor of Schott’s music score acknowledges, however, the difficulties of deciphering the manuscripts, particularly regarding accidentals87. It is more likely that Ullmann intended to compose a major seventh, which also fits naturally in the tense evolution of bars 91-96, finally leading to the glorifying fugue. This interpretation is supported by a comparison of Ullmann’s handwriting of natural and alteration signs

Legal notions in Viktor Ullmann’s last piano sonata

and especially his indication “A” in the preceding bar 95. Consequently, the “logical approach” may also aid in determining the music score in the sense of a diplomatic critique. (d) “Asrael”-motif The opera “Emperor of Atlantis” opens with a trumpet fanfare derived from Joseph Suk’s 1906 symphony “Asrael”, op.27. Suk’s symphony became a national symbol for the first Czech Republic between the two world wars and was often played at state funerals or national tragedies 88. Ullmann himself referred to this symphony in C minor in his “26 music reviews” where he showed great admiration for Suk89. He subsequently uses this “leitmotiv” for the Emperor, the Loudspeaker and the Drummer (aria no. VI)90. The theme consists of two tritoni: Music example no. 5 - “Asrael-motif” in the “Emperor of Atlantis”

In his 7th piano sonata Ullmann once more takes up this motif, this time through tritoni chords in bars no. 20, 52, 65, 67, 79 and 96. In the following example the chords are broken up according to the “Asrael” motif: Music example no. 6 – Tritoni in his 7th piano sonata

It is once more bar 96 which has an extramusical meaning and Ullmann emphasizes this background with another fermata. Similar to the use of the “Asrael” motif in his opera “Emperor of Atlantis”, he announces an important development, i. e. the victorious fugue as the finale to this last piano sonata. (e) Death motif In the second scene of the “Emperor of Atlantis”, Ullmann employs a scale of descending major seconds at a prominent position when “Kaiser Overall” is waiting for the abdicated Death. To this scale, the Loudspeaker declaims: “Death is expected to enter any moment”. Music example no. 7 - Second scene of the “Emperor of Atlantis”

Ullmann uses such a scale of descending major seconds again in the sixth variation of his piano sonata, in bar 57:

Legal notions in Viktor Ullmann’s last piano sonata

Music example no. 8 - Bar 57 of the 7th piano sonata

The sixth variation is the watershed of the style in variations I-V and VI-VIII/fugue. The ascending and descending scales introduce a new sujet, as if a virtual Loudspeaker were about to announce a change of the situation. In addition, these mirrored motives hint at Ullmann’s anthroposophic notion of the “Doppelgänger”, i. e. the darker side of oneself which needs to be overcome91. (2) Anthroposophic influences Many of Ullmann’s notions are influenced by Rudolf Steiner’s (1861-1925) anthroposophical movement. Anthroposophy is described by FRÄNKL-LUNDBORG92 as a scientific method to explore the extrasensory world, complementing natural sciences with humanities. Through the Vienna Schönberg circle, Ullmann got acquainted with the anthroposophical movement in the early 1920s and after his first visit to the Goetheanum in Dornach (April 1929) he became a devoted follower 93. Upon reference by Alois Haba he was introduced to the Anthroposophical Society in 1931 and subsequently opened an anthroposophical bookshop in Stuttgart until 1933. His opera “The Fall of the Antichrist” on poems and texts by Albert Steffen (1884-1963) shows strong traces of anthroposophical approaches, e.g. the juxtaposition of the opposing powers “Lucifer” and “Ahriman”. The ideal is seen in a perfect balance between the struggling tendencies of evil, i. e. evaporating (temptation of Lucifer) and hardening (temptation of Ahriman)94. Ullmann’s anthroposophic background is obvious when he tries to confront and resist the “Antichrist” through his music and life95. (3) Ullmann’s statement These examples show that Ullmann included numerous signs and self-refering quotations in order to convey a specific statement. The “Asrael”96 and “Death” motives from his Atlantis opera are alluded to by tritoni and descending major seconds. The major seventh resembles a legal definition in a statute, denoting the tyrant who attempts to usurp the Creator’s omnipotence (symbolized by the octave). The Emperor Overall seeks to reign over mankind and death but finally fails due to Death’s abdication and the revolt of his subjects. In most performances of this opera, including the 1975 premiere in Amsterdam, these allusions are interpreted as directly depicting the “only possible environment”97 in a concentration camp and mirroring the Nazi regime, for example Hitler being the Emperor and Goebbels the Loudspeaker. However, some musicologists98 insist that Ullmann intended to present a parable with more abstract moral and aesthetic messages. The vocation of any artist, according to Ullmann’s philosophy, becomes apparent when considering the plot of the other opera, “The Fall of the Antichrist” in which the tyrant has managed to corrupt all levels of society and only the Artist resists his threats and temptations99. It is his task to unmask the tyrant as the “Antichrist” so that the people can end his reign. Ullmann expressed on numerous occasions that Art was vital for human progress and that it played a decisive role in bringing about the liberation from Evil100. Consequently Ullmann saw his vocation as a composer in Terezín who appeals to his fellow inmates for moral resistance against dictatorship in general terms.

Legal notions in Viktor Ullmann’s last piano sonata

d) “Systematical approach” On this fourth level of interpretation, quotations or allusions to different composers are investigated and interpreted. It is taken for granted that the audience knows the quotation and consequently will understand the intended allusions. (1) Hebrew folk song The composer himself titled the last movement of his 7th piano sonata “Variations and a Fugue on a Hebrew folk song”. (a) The underlying song “Rachel” In 1930, Yehuda Sharett wrote the zionistic song “Rachel” 101 as part of a series of songs for voice and piano accompaniment102. Sharett, who formerly was named Jehuda Shertok103, was a gifted violin player, composer and conductor. In the 1930s he spent some time with several choirs of the Kibbuz Me’uhad104. His song “Rachel”, also known as the “Song of the immigrants” 105, was sung by the pioneers settling the Land of Israel106. Robert Kolben recalls that during one of his lectures about the sonata in Israel the audience sponateously joined in the folk song107. (b) The underlying text The lyrics of Sharett’s song were written by the Russian Jewish poet Rachel (1890-1931) who identifies108 herself with her namesake from the book of Genesis in the Old Testament 109. The first strophe runs as follows: “Behold, her blood flows in my blood, her voice sings in mine - Rachel, who tends Laban’s flocks, Rachel - mother of mothers”110. (c) Ullmann’s adaptation Ullmann may have learnt the Hebrew folk song from members of the Zionist youth movements in Terezín111, where he also made several arrangements of Yiddish and Hebrew songs. He changes the character of the well-known Hebrew folk song by introducing an upbeat, thus pushing the gravity from the first to the third note. At the same time he slightly alters melody and rhythm which anticipates further developments in the sonata, e.g. swapping the original “F” with an “E” and adding the rhythmic motif “short - short - long - long” (cf. frame in music example no. 10)112. Music example no. 9 - “Rachel”

Music example no. 10 - Theme of the variations

As Sharett’s original tune only involves four different notes, it has the character of an archaic oriental melody. Therefore it is very apt for a development into variations or into a fugue113. (d) Ullmann’s statement

Legal notions in Viktor Ullmann’s last piano sonata

Ullmann wrote in his personal diary “The strange passenger”, that a theme with variations is the metamorphosis of individuality in the different earthly lives 114. It may be assumed that Ullmann’s decision to choose the Hebrew folk song “Rachel” as the theme for his variations and a fugue was not solely guided by musical motivations. Perhaps he intended to identify himself and the listener with Rachel. The song was intended to serve as a mutual identification and furthermore to describe the salvation both of the individual person and of the Jewish folk115. Furthermore, according to the 1938 Nazi “Directives on bearing first names”116, the name “Rachel” was reserved solely for Jews. It follows that the name held a prominent subtext within the context of a concentration camp. Only under the circumstances in Terezín Ullmann became aware of his Jewish background117. He became an active promoter of Jewish music as a concert organizer, composer and through his 26 music reviews. In his letter on 1 June 1943, he even complained to the administration about the failure to perform the music of gifted Jewish composers both in Terezín and elsewhere118. In summary, Ullmann’s quotation of the Hebrew folk song “Rachel” was the expression of moral resistance from a Jewish perspective and a confession to the doomed Jewish community119. (2) Hussite battle hymn (a) “Ye who are God’s warriors” Another obvious quotation is the beginning of the hussite battle hymn “Kdož jste boži bojovníci a zákena jeho”120. Music example no. 11 – Hussite battle hymn

In 1411, the Czech reformist Jan Hus (appr. 1370-1415) was excommunicated by Pope Clement V. Despite Emperor Sigismund’s safe conduct, Hus was captured during the Council of Constance and burned to death on 6 July 1415. Subsequently his disciples, the anti-German Taborites, managed to win five assaults by the imperial army until the Battle of Lipany in 1434 121. Even after their defeat, the impact of their religious independence and national heroism was feared by Austrian officials 122. (b) Ullmann’s adaptation The characteristic battle rhythm appears initially in the opening theme and variations. As previously noted123 Ullmann had even changed Sharett’s song accordingly in bar 6. Especially in the fugue of his final movement, Ullmann refers overtly to this hussite hymn, e.g. in bars 109, 113, 115, 119, 121 and 140 and on some occasions he combines the battle hymn with the fugue theme. Music example no. 12 – Bar 140

Legal notions in Viktor Ullmann’s last piano sonata

(c) Ullmann’s statement The hymn “Ye who are God’s warriors” celebrates the hussites’ indestructible confidence in their victory and this may be transferred to the Terezín sitation. Hussite battle hymns began to be sung again after the Napoleonic wars and symbolized growing Czech nationalism in the 19th century. It was not until 1861 that the famous battle hymn “Kdož jste boži bojovníci a zákena jeho” became avaible in modern transcription, but seven years later Sebor had already made use of it in his opera “Výlety pána Broučka” (1868)124. Subsequently, Smetana, Dvořák and Janáček referred to it instrumentally125. After the German invasion in 1939, this melody is quoted inter alia by Pavel Haas (1899-1944), Miloslav Kabeláč (1908-1979), Jaroslav Doubrava (1909-1960) and by Viktor Ullmann in his last work “Die Weise von Liebe und Tod des Cornets Christoph Rilke” (1944)”126. These numerous quotations demonstrate that this melody was well known and would have been understood as an appeal for moral resistance against the German occupiers127. (3) Allusions to the Slovak national anthem (a) National anthems The fugue theme is related to the Hebrew folk song “Rachel” and also parallels the Slovak national anthem “Nad Tatrú sa blýská”128. This anthem “Lightening is over the Tatra” dates back to the revolutions in 1848. Music example no. 13 – Slovak national anthem

In 1939 its performance was prohibited by the SS and replaced by the anthem “Hej, Slovane, jeste nase slovanska rec zije”129. (b) Ullmann’s adaptation The theme of the fugue makes allusions to the national anthem “Nad Tatrú sa blýská”. Music example no. 14 - Fugue

Robert Kolben, who premiered the 7th piano sonata in 1985, assumes that Ullmann’s initial theme was even more closely related to the anthem130. It is assumed that Ullmann feared that the allusion might be discovered by the Germans which eventually lead to the alteration of a single note in the melody131. Thus, in bars 99, 103, 107, 115, 119, 122, 128 and 136 he struck the note and added the new name for clarification (see the following music example, “h”):

Legal notions in Viktor Ullmann’s last piano sonata

Music example no. 15 – Beginning of fugue (with alterations)

Whereas the published sheet music from Schott Musik International maintains Ullmann’s alterations, the first CD recording by Robert Kolben restores the original. (c) Ullmann’s statement National anthems were awarded additional symbolic weight in a concentration camp: they kept alive memories of family, Fatherland and freedom132. Furthermore, the singing of these anthems was an act of nationalism, thus a means of resistance. The German national anthem was used by Ullmann in his opera “The Emperor of Atlantis”. The drummer makes allusions in his aria no. VI to the tune of “Deutschland, Deutschland über alles”133. This in turn explains the choice of name for the protagonist, “Kaiser Overall”, which is derived from Joseph Haydn’s quartet in C major, op. 76 no.4, called “The Emperor”, and the Nazi anthem “Germany, Germany overall”134. These examples show how Ullmann refers to national anthems in order to associate himself with patriotic resistance. (4) Allusions to chorales (a) Lutheran chorales The fugue contains further allusions to the Lutheran chorales “Nun danket allen Gott” or “Oh Lamm Gottes unschuldig”, e.g. in bars 109/110, 111/112, 122/123, 141/142. The melody is attributed to J. Crüger (1647) and was published with Martin Rinkart’s text135. Subsequently, Johann Sebastian Bach harmonized it in BWV 79, 192, 252, 386 and 657136. Music example no. 16 - “Nun danket alle Gott”

Music example no. 17 - “Oh Lamm Gottes unschuldig”

(b) Ullmann’s adaptation In his 7th piano sonata Ullmann refers briefly to these chorales in bars 109/110, 111/112, 122/123 and 141/142. Originally BWV 252 stands in a 4/4 beat and Ullmann changes it to a 6/4 beat 137. However, because they are given a prominent position in the left or right hand with octaves, these

Legal notions in Viktor Ullmann’s last piano sonata

allusions are easily recognizable. Music example no. 18 – Allusion to Lutheran chorale

(c) Ullmann’s statement The Lutheran chorale138 “Now let all thank God” was attributed special significance through its misuse as a victory tune by the Nazi radio station “Reichsrundfunk”139. It may therefore be assumed that Ullmann wanted to refer to religion and propaganda with these quotations. (5) Chromatic tones spelling B-A-C-H (a) Musical symbols Another obvious symbol in Ullmann’s fugue are the chromatic tones spelling B-A-C-H. Generally speaking, a symbol is a sign which represents something imperceptible, in the case of music this means something which is not audible140. Musical symbols were frequently used already in the Renaissance and Baroque periods. Chromatic tension stands for sin and anguish141. The phrase BA-C-H enjoys a long musical tradition and many distinguished composers142 quoted it. (b) Ullmann’s adaptation Ullmann also refers to B-A-C-H on three occasions in his fugue. In bar 138 he even indicated the letters in his handwriting and added emphasize with a fortissimo. Music example no. 19 - “B-A-C-H”

Bar 130 has no such indication, but is marked with accents and the motif is played by the left hand in octaves. The same goes for bar 155, which is Ullmann’s last quotation. In addition, he used the similar chromatic melody Bb-A-C#-C numerous times, e.g. in bars 109, 122, 131/132 and 138/139. (c) Ullmann’s statement The meaning of the B-A-C-H quotation is disputed among musicologists. On the one hand, it may be interpreted as an homage to the great master of German music, especially as Ullmann described Bach as the “highest master of music”143. Furthermore, Bach and his fugues stand for the moral impact of music and culture in general terms144. Many of his works were performed in Terezín, e.g. toccata and fugue in D major and C major and the partita in B flat major145.

Legal notions in Viktor Ullmann’s last piano sonata

In concentration camps, music was also attributed an augmented subjective importance as many inmates sought shelter in music from their tragic reality146. Adhering to culture even under these circumstances served to maintain dignity and pride vis-à-vis the Nazis. The oppressors were able to break down their physical resistance, but could not erase their dreams, thoughts and creativity. Composers saw themselves in the conflict to reconcile the great demand of music with the devastating every-day life in a concentration camp. Paradoxically, many artists, including Ullmann, felt no less obliged to prove their creativity at such a place. On the other hand, the B-A-C-H motif could be regarded as “a short, brutally succinct settling of accounts”147 with Germany. According to Ullmann’s handwritten indication in the manuscript (“1. Pos.”), Wulff’s orchestral version presents this quotation in bar 138 with a single trombone. This instrumentation has special significance: usually, trombones symbolize God’s warning or “dies irae”. After quoting B-A-C-H once, the motif gets distorted into Bb-A-C#-C natural in order to make brief allusions to the Hebrew folk song, the theme of the fugue, the battle hymn, the Lutheran chorale and Wagner’s “Meistersinger”148. It is not likely, however, that Ullmann wanted to compose a parody on Bach or Wagner, as he expressed the highest admiration for the former and respect for the latter149. Hence, the dense development at the end of the fugue appears to serve as a summary of his sonata and can be said to have the character of Ullmann’s legacy to posterity150. It is the expression of his moral resistance through art and music – an artistic record of the inmates’ will to survive. 4) Ullmann’s legal notions Ullmann combines and intertwines the above mentioned quotations in the fugue. The following table shows the integration of these motives (starting at bar 97), indicating the bar number and top (T), middle (M) or bottom (B) voice: Illustration 7 – Motives in Ullmann’s fugue Fugue

97 T

Hussite hymn

battle

Chorales

101 T

105 T

113 B 109 B 109 T

113 T 111 B

117 T 115 T

120 B 119 B

126 B

121 T

Bb-A-C -C

109 M

122 M

140 M

145 B

147 T

151 T

140 T

122 T

B-A-C-H #

134 B

141 B 130 B

138 M

131 T

138 T

155 B

With this table the structure of the fugue becomes apparent. It contains numerous repetitions, adaptations, legal definitions (e.g. major seventh) and self-references and thus it may be compared with a legal text. Legal statutes cannot be understood isolated from their context151 and legal definitions can often be found in different statutes. The same is true in the analysis of music: works of the same or other composers need to be taken into account and together they form a framework. These legal notions are discernible in Ullmann’s 7th piano sonata, both on formal and on content levels. It is unclear whether or not he employed these legal structures consciously; as a former law student he may have internalized such legal approaches. A letter from Dr. Kurt Mühlberger from the archives of the University of Vienna confirms that Ullmann read, inter alia, “Introduction to sociology and philosophy” (three hours) and “Institutions of Roman Law” (six hours) in 1918. As pointed out above, his music can be regarded as a kind of “legal text” and can be interpreted accordingly. The new “musical canones” may provide a better understanding of the messages Ullmann intended to transmit in and from Terezín. Whereas the beauty and aesthetic value of a composition are very personal and emotional issues, it is possible to analyse the rational parts of music, i. e. all those

Legal notions in Viktor Ullmann’s last piano sonata

aspects which can be described in words152. However, musical analysis will always remain a subjective interpretation, as the analyst is obliged to choose the appropriate criteria 153. As every musical work has a very individual impact on the listener, there cannot be “the right analysis” of a composition; but arguably, this concern is equally valid for legal interpretation. Nevertheless, the grammatical, historical, logical and systematic approaches offer a rather objective method to decipher statements and legal notions.

C) Conclusion When revisiting Ullmann’s aphorism from the beginning of this essay (“Art is nature according to mental laws, nature is mind according to natural laws”) syllogistic logic comes to mind. A syllogism is a conceptual tool, whereby a conclusion can be reached as a logical consequence of two preceding premises154. The aphorism may be represented in a mathematical way: [Art mental laws Nature] and [Nature natural laws Mind] The use of logical operators (“If [A=B] and [B=C] then [A=C]”) consequently leads to a condensed version: [Art mental and natural laws Mind] This reveals Ullmann’s legal notions of music and art in general. In Terezín, he quoted Goethe when describing art as the “revelation of secret natural laws which would remain hidden without art”155. Furthermore, music is “art without words whose secrets are revealed through the pulsing heart rather than through the seeking head”156. Ullmann perceives art, nature and mind as inherently intertwined aspects, which are connected by mental and natural laws. By using musical quotations and allusions particularly in the last movement of his 7th piano sonata he tried to encode “extra-musical contents”. It was diligently designed as an appeal for moral resistance against the Nazis in particular and against totalitarism in general. The various quotations in the finale are an affirmation of different cultural spheres, trying to reconcile them in a world torn by hatred and violence. In order to address his fellow inmates, Ullmann quotes his own operas and works of other composers. These allusions reflect the heterogenous audience in Terezín:  Jewish resistance (Hebrew folk song)  Anti-German resistance (Hussite battle hymn)  Patriotic resistance (prohibited Slovakian national anthem) and  Artistic resistance (Lutheran chorale and B-A-C-H). Ullmann’s message from the concentration camp was inter alia to overcome the fear of death and to have the courage to resist orders, power and suppression157: a legacy to posterity.

Legal notions in Viktor Ullmann’s last piano sonata

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List of illustrations Illustration 1 – Alterations in variation VII* Illustration 2 – End of the 7th piano sonata* Illustration 3 – Manuscript of Ullmann’s 7th piano sonata* Illustration 4 – Length and metre of the eight variations Illustration 5 – Cover page* Illustration 6 – Viktor Ullmann 1924** Illustration 7 – Motives in Ullmann’s fugue Illustration 8 - Inscription on the cover page*

Legal notions in Viktor Ullmann’s last piano sonata

List of music examples Music example no. 1 – Overall Music example no. 2 – Drummer girl Music example no. 3 – Bar 96 Music example no. 4 – Manuscript (variations - fugue)* Music example no. 5 – “Asrael-motif” in the “Emperor of Atlantis” Music example no. 6 – Tritoni in his 7th piano sonata Music example no. 7 – Second scene of the “Emperor of Atlantis” Music example no. 8 – Bar 57 of the 7th piano sonata Music example no. 9 – “Rachel” *** Music example no. 10 – Theme of the variations Music example no. 11 – Hussite battle hymn*** Music example no. 12 – Bar 140 Music example no. 13 – Slovak national anthem*** Music example no. 14 – Fugue Music example no. 15 – Beginning of fugue (with alterations)* Music example no. 16 – “Nun danket alle Gott” Music example no. 17 – “Oh Lamm Gottes unschuldig” Music example no. 18 – Allusion to Lutheran chorale Music example no. 19 – “B-A-C-H”* *

Reproduction of the original manuscript with kind permission from the Ullmann-Archive, Dornach (Switzerland)

Reproduction of Ullmann’s photograph with kind permission from the Arnold Schönberg Center, Vienna (Austria)

***

Reproduction of music examples with kind permission from Robert Kolben, Munich (Germany)

Endnotes 1

Viktor Ullmann, as quoted in: Hans-Günter Klein, “Viktor Ullmann: Materialien”, 2nd edition (1995), p.124 (annex, aphorism no. 35: “Kunst ist Natur nach geistigen Gesetzen, Natur ist Geist nach natürlichen Gesetzen.”). 2 Bach v. Longman [1777] 2 Cowp. 623 = 98 ER 1274. 3 Stéphane Mallarmé, lecture on 28th February 1894, Studies in European Literature being the Taylorian Lectures 18891899, “La musique et les lettres” (1900), p.139. 4 Bach v. Longman [1777] 2 Cowp. 623 (at p.624) = 98 ER 1274, King’s Bench, 10th June 1777. 5 Youngest son of Johann Sebastian Bach (1685-1750). 6 John Small, “J.C. Bach goes to Law”, The Musical Times 126 (1985), p.526. 7 Charles Sanford Terry, “John Christian Bach”, 2 nd edition, 1967, pp.78 et seq. 8 Bach v. Longman [1777] 2 Cowp. 623 (at p.624) = 98 ER 1274. 9 W. R. Cornish, “Intellectual Property: patents, copyright, trade marks and allied rights”, 4th edition (1999), pp. 342, 343; Copinger and Skone James on Copyright, 14 th edition (1999), p.41 (at para 2-21). 10 Eva Mary Grew, “Music and Morality”, in: The Music Review, volume I, number 2 (1940), pp.165,166 (NB: Grew went even further in stating that legally codified morality is less comprehensible as it can neither stimulate the creative imagination nor evoke joy and wonder, ibid, p.160).

Legal notions in Viktor Ullmann’s last piano sonata

Stephen Davies, “Musical Meaning and Expression” (1994), p.2. Ibid, p.1. 13 Johan Fornäs, “Text and Music Revisited”, in: Theory, Culture & Society, volume 14, number 3 (August 1997), p.117. 14 Theo Mayer-Mali, “Rechtswissenschaft”, 2nd edition (1981), p.58. 15 The name “hermeneutics” is derived from the ancient Greek messenger Hermes, whose task was, inter alia, to mediate between the Gods and mankind, cf. Der große Brockhaus, 16nd edition (1955), volume 5, “Hermes”, p.401; Mayer-Mali, op. cit., p.58. 16 Hans Heinrich Eggebrecht (ed., Meyers Taschenlexikon Musik), volume 1, “Analyse” (1984), p.45. 17 Johan Fornäs, op. cit., p.109. 18 Karl Larenz, “Methodenlehre der Rechtswissenschaft”, 4th edition (1979), p.181. 19 Ibid, pp.181 et seq. 20 Friedrich Müller, “Juristische Methodik”, 5th edition, 1993, p.24. 21 Friedrich Carl Savigny, “System des heutigen Römischen Rechts”, volume 1 (1840), pp.212 et seq. 22 Klaus Adomeit, “Rechtstheorie für Studenten”, 3rd edition (1990), p.74. 23 Müller, op. cit., p.81; Savigny, op. cit. (1840), p.215. 24 Friedrich Carl v. Savigny, “Juristische Methodenlehre” (1802), edited by Gerhard Wesenberg (1951), pp.18 et seq. (NB: In 1802 Savigny distinguished only three elements: logical, grammatical and historical). 25 Cf. Müller, op. cit., pp.80 et seq.; Larenz, op. cit., p.12; Savigny, op. cit. (1802), pp.39 et seq. 26 Peter Raisch, “Juristische Methoden-Vom antiken Rom bis zur Gegenwart” (1995), p.5. 27 Paolo Cendon, “Codice Civile Annotato con la giurisprudenza, Artt. 1-1172” (1996); Dobbs Ferry, “Transmittal and Instruction Sheet for the Italian Civil Code”, Release 96-1 (May 1996). 28 Grammatical, historical, systematic-logical and objective-teleological approaches, cf. Franz Bydlinski, “Juristische Methodenlehre und Rechtsbegriff”, 2nd edition (1992), p.437; Peter Rummel/ Franz Bydlinski, “Kommentar zum Allg. bürgerlichen Gesetzbuch”, 2nd edition (1990), volume 1, p.20. 29 Interpretation according to literal sense, intentions of the historical legislator, context of the statute, constitutional interpretation and objective-teleological criteria, cf. Larenz, op. cit., pp. 298 et seq. (chapter 4). 30 Verbal basis, conventional literal sense, arguments derived from the statute’s aim, its context and equity, cf. Reinhold Zippelius, “Juristische Methodenlehre”, 4th edition (1985), §§ 9,10. 31 Grammatical-lexical, systematic-logical, genetical-historical and teleological approaches, cf. Wolfgang Gast, “Juristische Rhetorik”, 3rd edition (1997), pp.140 et seq. 32 Cf. Bydlinski, op. cit. (1992), p.437. 33 Raisch, op. cit., p.7. 34 Dieter Schmalz, “Methodenlehre für das juristische Studium”, 2nd edition (1990), note 232. 35 Larenz, op. cit., p.307. 36 Savigny, op. cit. (1802), p.18. 37 Larenz, op. cit., p.307. 38 E.g. Acts of Parliament as published by Her Majesty's Stationery Office (HMSO) or in Germany the “Bundesgesetzblatt” 39 Ibid, p.19. 40 Ibid, p.17. 41 Ibid, p.316; cf. Schmalz, op. cit., note 247 et seq. (concerning subjective and objective interpretation). 42 Savigny, op. cit. (1840), p.215. 43 Larenz, op. cit., p.16. 44 Savigny, op. cit. (1840), pp.220,228. 45 Schott Musik International, ED 8282, Mainz (1997). 46 Konrad Richter, “Zur Edition, in: Erstausgabe der Klaviersonaten 5-7 von Viktor Ullmann”, Schott ED 8282, (1997), p.3. 47 Riemanns Musiklexikon, 11th edition (1929), p.1938. 48 The reproduction of parts from the original manuscript takes place with the permission of the Ullmann-Archive at the Goetheanum, Dornach (Switzerland). 12

Legal notions in Viktor Ullmann’s last piano sonata

Cf. Richter, op. cit., p.3. Robert Kolben, letter to the author on 3 April 2001, p.9. 51 Cf. Cornelis Witthoefft, “Variationen und Fuge über ein hebräisches Volkslied”, in: Deborah Pétroz-Abeles, “Ein Vermächtnis aus Theresienstadt” (1997), p.59. 52 Robert Kolben, letter to the author on 3 April 2001, p.10. 53 Cf. Klein, op. cit., p.41; Richter, op. cit., no.5; Verena Naegele, “Viktor Ullmann – Komponieren in verlorener Zeit”, p. 424 (for a critical review of this first full size biography cf. http://mitglied.lycos.de/mwiener/ullmann/rezensionen.html). 54 Author’s interview with Ingo Schultz on 18 November 2000. 55 Ingo Schultz, “Viktor Ullmann: 26 Kritiken über musikalische Veranstaltungen in Theresienstadt” (1993), p.28; Jascha Nemtsov, “Die sanfte Revolution - Die Klaviersonaten von Viktor Ullmann”, in: Prinz, op. cit. (1998), p.76. 56 The reproduction of Ullmann’s picture takes place with the kind permission of the Arnold Schönberg Center, Vienna (from the photo album of Schönberg‘s 50th birthday, 1924). 57 Joza Karas, “Music in Terezín 1941-1945” (1985), p.20; The New Grove (1980), volume 19, p.326; Baker’s Biographical Dictionnary of Musicians (1984), p.2349; Riemanns Musiklexikon (1975), Ergänzungsband Personenteil L-Z, p.814 (the 1929 edition still defined “Prag” as his birth place, p.1896). 58 Ingo Schultz, “Dokumente zur Biographie Viktor Ullmanns”, in: Hans-Günter Klein (ed.), “Lebe im Augenblick, lebe in der Ewigkeit” (2000), p.20. 59 Ingo Schultz, “Viktor Ullmann (1898-1944) - Der verschüttete Lebensweg eines Musikers der geköpften Generation”, in: mr-Mitteilungen Nr. 4/1993, p.3. 60 Deborah Pétroz-Abeles, “Ein Vermächtnis aus Theresienstadt” (1997), p.17. 61 For a comprehensive report about the “Kindertransporte” cf. Mark Jonathan Harris/ Deborah Oppenheimer, “Into the Arms of Strangers”, 2000. 62 Ingo Schultz, “Viktor Ullmann: 26 Kritiken über mus. Veranstaltungen in Theresienstadt” (1993), p.17. 63 Ibid, p.27 (footnote 36); however, some older publications indicated 17 th October 1944 as his day of death, e.g. Karas, op. cit., p.209. 64 Cf. Klein, op. cit., p.63,37 (and not vice versa as misstated by Verena Naegele, in: program notes for concert on 8 September 2002 in Cologne, p.12). 65 Cf. Ingo Schultz, “Viktor Ullmann”, in: Dorothee Eisenberger (ed.) “Traunsteiner Sommerkonzerte 2000”, p.55. 66 Cf. Ullmann, “Goethe und Ghetto”, in: Schultz, op. cit., “26 Kritiken”, p.93. 67 David Bloch, “Viktor Ullmann”, in: CD Booklet of Koch International Classics, no. 3-7109-2H1 (1991) p.1, NB: the name “Theresienstadt” was chosen in honor of his mother, Empress Maria Theresa. 68 Karas, op. cit., p.191. 69 Beate Schröder-Nauenburg, “Theresienstadt - Kunst im Vorhof der Hölle?”, in: Ulrich Prinz (ed.), “Viktor Ullmann” (1998), p.51; David Bloch cites similar figures, i.e. 34.000 in Terezín and 84.000 in extermination camps, op. cit., p.1; however, Milan Kuna states that 155.000 people perished in the ghetto, cf. Milan Kuna, “Musik an der Grenze des Lebens” (1993), p.168. 70 Witthoefft, op. cit., p.70. 71 David Bloch, op. cit., p.11; Hans-Günter Klein, “Lebe im Augenblick, lebe in der Ewigkeit” (2000), p.55. 72 Hans-Günter Klein, “Viktor Ullmann: Materialien”, 2nd edition (1995), p.42; Karas, op. cit., p.119. 73 H.G. Adler, “Theresienstadt 1941-1945: Das Antlitz einer Zwangsgemeinschaft”, 2nd edition (1960), p.622. 74 Bernhard Wulff, “Sinfonie in D”, in: “Symposion anläßlich des 50. Todestages” (1994), p.26 . 75 Bayer Records, Bietigheim-Bissingen 1992, BR 100 228; Orfeo, München 1994, C 337 941 A. 76 Ingo Schultz, “Verdrängte Musik - Über Leben und Werk Viktor Ullmanns”, in: Flensburger Hefte III/1997, p.73; cf. Kuna, op. cit., p.163. 77 Kuna, op. cit., p.319; different opinion (i.e. five singers): Karas, op. cit., p.35. 78 Cf. Dümling, “Viktor Josef Ullmann”, in: Metzler Komponisten Lexikon (1992), p.811. 79 Cf. Karas, op. cit., p.35; Kuna, op. cit., p.321. 80 Hans-Günter Klein, “Anmerkungen zur Rezeption der Werke Ullmanns nach 1945”, in: Klein (ed.), op. cit. (2000), p.68; Karas, op. cit., p.35, fn.18; Baker’s Biographical Dictionnary of Musicians (1984), p.2349; Kuna, op. cit., p.319. 81 “Kaiser Overall” is the actual name which Ullmann and Kien used; the English translation switches the two languages accordingly, i.e. “Emperor Überall”. 50

Legal notions in Viktor Ullmann’s last piano sonata

Apparantly an allusion to Rudolf Steiner’s 13 lectures “Die Apokalypse des Johannes”, Nürnberg 1908, cf. Robert Kolben, letter to the author on 3 April 2001, p. 14. 83 Witthoefft, op. cit., pp.68 et seq. 84 Jean-Jacques van Vlasselaer, http://www.stmarys.ca/partners/tsp/opera.html#Music 85 Cf. Witthoefft, op. cit., p.69; author’s interview with Ingo Schultz on 18 th November 2000. 86 Schott ED 8282, measure 96, p.84. 87 Richter, op. cit., p.4. 88 Karas, op. cit., p.33. 89 Ullmann, in: Schultz, op. cit. (1993), pp. 37, 50, 83 (“Both Bach and Suk are mystic people”, i.e. successfully struggling against the demon with oneself rather than with other people). 90 Karas, op. cit., p.33; Meyers Taschenlexikon Musik, volume 3, “Suk”, p.225. 91 Dostal, op. cit., p.129; Nemtsov, op. cit., p.79. 92 Otto Fränkl-Lundborg, “Was ist Anthroposophie?”, 7th edition (1992), p.7. 93 Cf. Schultz, op. cit. (1993), p.3. 94 Jan Dostal, “Ullmann als Anthroposoph”, in: Klein (ed.), “Viktor Ullmann: Materialien”, 2 nd edition (1995), p.132. 95 Cf. Vlasta Benetková, “Viktor Ullmanns ‘Tagebuch’, sein Ort im Leben und Werk des Komponisten”, in: Klein, op. cit. (1995), p.100. (NB: Benetkova alleges that Ullmann only half-heartedly tried to emigrate from Czechoslovakia until 1939, i.e. that his sacrifice, catharsis and resistance as an artist could finally lead to deposing the tyrant. However, his fruitless efforts to obtain a visa and his desparate pleas to friends demonstrate that he simply did not succeed with his emigration plans). 96 “Asrael” means “Angel of Death”, Karas, op. cit., p.33. 97 Hugh Macdonald, “Der Kaiser von Atlantis”, in: Tempo 1976, p.43. 98 Schultz, op. cit. (1997), p.75; Klein, op. cit. (2000), pp.46 et seq. 99 Schultz, op. cit. (1993), p.3. 100 Max Bloch, “Viktor Ullmann: A Brief Biography and Appreciation”, in: Journal of the Arnold Schoenberg Institute, Los Angeles, October 1979, p.161. 101 David Bloch, op. cit., p.9. 102 I.e. “No songs for thee”, “My country”, “I did not plough”, “Her blood is in mine”, “Was it all wrong”, cf. Alfred Sendrey, “Bibliography of Jewish Music” (1951), p.284. 103 Philip V. Bohlman, “The World Centre for Jewish Music in Palestine 1936-40” (1992), p.268. 104 Henry Near, “The Kibbutz Movement - A History (Vol. I: Origins and Growth 1909-1939)” (1992), p.371. 105 Kuna, op. cit., p.316. 106 David Bloch, op. cit. (1991), p.9; Witthoefft, op. cit., p.61. 107 Robert Kolben, program notes for concert on 22 September 1996 in Frankfurt, p.10. 108 Witthoefft, op. cit., p.60; David Bloch, “Viktor Ullmann’s Yiddish and Hebrew Vocal Arrangements in the Context of Jewish Music in Terezín”, in: “Symposion anläßlich des 50. Todestages”, Dornach (1994), p.31. 109 The Biblical matriarch Rachel was one of Jacob’s wives. He was obliged to work for her father for seven years in order to marry her older sister Lea and subsequently another seven years for Rachel. While giving birth to Benjamin she died and was buried in Bethlehem, cf. Gen 29, 6 et seq.; Gen 35, 18 et seq.; Gen 48, 7. 110 David Bloch, op. cit. (1991), p.9. 111 Witthoefft, op. cit., p.60; David Bloch, op. cit. (1991), p.9. 112 NB: Reproduction of the music examples “Rachel”, “Hussite battle hymn” and “Slovak national anthem” with kind permission from Robert Kolben (taken from program notes for concert on 22 September 1996 in Frankfurt, pp.10,13) and many thanks for his remarks and suggestions. 113 Cf. Kuna, op. cit., p.316. 114 Ullmann, in Klein (ed.), op. cit. (1995), p.123 (aphorism no.16). 115 Beate Schröder-Nauenburg, “Theresienstadt - Kunst im Vorhof der Hölle?”, in: Ulrich Prinz (ed.), “Viktor Ullmann” (1998), p.60. 116 Winfried Seibert, “Das Mädchen, das nicht Esther heißen durfte” (1996), p.135; “Anlage zu Richtlinien über die Führung der Vornamen vom 18. August 1938” RMBliV 1938, 1348. 117 Nemtsov, op. cit., p.79.

Legal notions in Viktor Ullmann’s last piano sonata

118

Ullmann, letter 1st June 1943, in: Beate Schröder-Nauenburg/Marcus Gerhardts (eds.), “Viktor Ullmann” (1994), p.7; Ullmann, in: 26 reviews, op. cit. (1993), pp.61/62. 119 Nemtsov, ibid; Wilfried Hammacher, “Viktor Ullmanns Oper Der Sturz des Antichrist”, in: Klein, op. cit. (2000), p.131. 120 Kolben, op. cit., p.13; David Bloch, op. cit. (1991), p.9; Witthoefft, op. cit., p.61. 121 Brockhaus, volume 5, “Hussiten”, p.587. 122 John Tyrell, “Czech Opera” (1988), p.132. 123 See above: B 2 d (1) (c). 124 Tyrell, op. cit., p.135. 125 Witthoefft, op. cit., p.63; Tyrell, op. cit., p.135. 126 Vlasta Reittererová, “Einzigartigkeit und ihre Zusammenhänge. Ein Versuch über Wertung und Einordung“, Kontexte Musica iudaica (1998), p. 17. 127 Cf. Witthoefft, op. cit., p.69. 128 David Bloch, op. cit. (1991), p.9. 129 Witthoefft, op. cit., p.65. 130 Kolben, op. cit., p.13. 131 David Bloch, op. cit. (1991), p.9. 132 Kuna, op. cit., p.148. 133 Ullmann hides the melody with peculiar harmonies, i.e. in a phrygic mode. 134 Witthoefft, op. cit., p.68. 135 “Now let all thank God, with hearts, mouth and hands, who does great things for us and everyone, who from [the time of] our mother’s womb and from our first faltering steps onwards has done us immeasurable good and still does today”, cf. Peter Williams, “The Organ Music of J. S. Bach” (1980), p.146. 136 Alfred Dürr, “Die Kantaten von Johann Sebastian Bach”, vol. 2 (1971), p.631; Williams, op. cit., p.146. 137 NB that BWV 192 has a 3/4 beat, too (Dürr, ibid). 138 Already in the finale no. XXVIII of his opera “The Emperor of Atlantis” Ullmann recalls another Lutheran chorale “Ein’ feste Burg ist unser Gott”. 139 Kolben, op. cit., p.13. 140 Cf. Meyers Taschenlexikon Musik, volume 3, p.228. 141 dtv-Atlas zur Musik, p.363. 142 E.g. J.S. Bach, Beethoven, Liszt, Schumann, Mendelssohn Bartholdy, Rimski-Korsakow, Reger, Bartok and Busoni, cf. Günter Hartmann, “Die Tonfolge B-A-C-H”, volume 1 (1996), p.47 et seq.; Witthoefft, op. cit., p.67. 143 Ullmann, in: Schultz, op. cit. (1993), p.50. 144 Witthoefft, op. cit., p.67. 145 Kuna, op. cit., p.238, 240. 146 MGG, Sachteil 4, “Jüdische Musik”, p.1560. 147 Wulff, op. cit., p.27. 148 Ibid; however, the melody continues b-a-cis‘-c‘ and not (as Bernhard Wulff assumes) b-a-cis‘-h. 149 Ullmann, in: Schultz, op. cit. (1993), pp.63, 74, 87. 150 Nemtsov, op. cit., p.79. 151 Stig Strömholm, “Allgemeine Rechtslehre” (1976), p.52. 152 Eggebrecht, op. cit., p.46. 153 Finscher, “Die Musik in Geschichte und Gegenwart”, Sachteil 1 (A-Bog), 2nd edition (1994), p.578. 154 Michael White, “Leonardo - The first scientist” (2000), pp.31,32. 155 Ullmann, in: Schultz (ed.), op. cit. (1993), p.76. 156 Ibid. 157 Schultz, op. cit. (1998), p.142.