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It is worth noting that drug tests for E2 applicants remain in place, and a syphilis test is now required, leaving the potential for employers to request an HIV test from the health facility without informing their employees. Laws forbidding discrimination against residents on the basis of HIV status are the surest way to protect the health and human rights of PLHIV and those at risk of infection. Without these explicit legal protections, HIV-related immigration restrictions have the potential to be revived even after being previously struck down.

These types of restrictions are very popular among the Korean public, and similar measures have recently been discussed and even implemented in other nations. I am grateful to Benjamin Wagner for his assistance and guidance on the international human rights legal aspects of this research. I would also like to thank Professor Madhu S. Atteraya for his helpful comments on this manuscript. Finally, my profound gratitude goes to Joel Keralis for his encouragement, insight, and support. National Center for Biotechnology Information , U.

Journal List Health Hum Rights v. Health Hum Rights. Jessica M. Author information Copyright and License information Disclaimer. Corresponding author. Please address correspondence to Jessica Keralis. Email: moc.

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Abstract Effective HIV prevention requires the protection and empowerment of marginalized groups at high risk of infection. Introduction The human immunodeficiency virus, or HIV, has been at the nexus of health and human rights since it first emerged as an epidemic in the early s. Specific travel restrictions The Department of Immigration continues to require HIV tests for certain visa categories, despite a declaration from a Ministry of Foreign Affairs official that the country had lifted all HIV-related travel restrictions.

Homophobia and the gender disparity in infections The ratio of HIV-positive Korean males to females rose from in to by , and it is projected to rise to as high as in Stigma in society and medical care Ignorance about HIV, how it is transmitted, and what measures can be taken to protect oneself from infection is widespread among Koreans. At the nexus: HIV restrictions against migrants to protect citizens violate the rights of both Travel restrictions as prevention: A failure for public health and human rights Governments often couch HIV-related travel restrictions in terms of protecting public health.

Conclusion HIV-related immigration restrictions are framed as measures to protect public health by governments who employ them, including South Korea. Acknowledgments I am grateful to Benjamin Wagner for his assistance and guidance on the international human rights legal aspects of this research.

References 1. Novogrodsky N. Kirby M. Health Affairs. Risks, rights, and health. Committee on the Elimination of Racial Discrimination. UN Doc. Republic of Korea. Amon J. Lithuania confirms no restrictions on entry, stay and residence for people living with HIV.

Korean Centers for Disease Control. Cheng S. Kee M. It is important to note that in keeping with the majority of those writing in this area by placing emphasis purely on musical content, referential meanings are not given serious consideration as aesthetically significant to music as an art form. Music may possess a variety of referential meanings, from the imitation of extramusical sounds, to culturally established meanings attached either to specific types of sounds or melodies, to imitations of content supplied by a program or accompanying words.

Most writers would argue, however, that such referential meanings are not proper to the aesthetic content of classical music, given that they rely for their specification on extramusical elements such as words and cultural conventions. For Budd, the musical structure alone constitutes all of the musically significant content of the music. Other elements may be added for artistic enhancement. Examples of structural elements as Budd conceives of them would include melody, rhythm, and harmony, as well as other aspects of the music judged by the listener to be musically significant, such as clearly identifiable formal patterns, relations between parts including contrapuntal motion, imitation, etc.

Hearing the music in a work consists in perceiving the relatedness of structural features. Music is an unfolding of patterns and relationships in time. Hearing music as such is primarily a dynamic experience.

Gadamer’s Aesthetics

That is, an experience of the flow of energies generated by the temporal unfolding of pitch relationships and rhythmic patterns. The claim that music is fundamentally an abstract art may be taken to mean that music contains nothing other than sounds and their relations to one another. In other words, it may be taken to mean that music possesses only formal content such that any content other than this formal content is of secondary importance and an optional addition on the part of the hearer, and hence, not part of music itself.

An account of this sort would allow that musical forms can possess emotional content as an expressive property grasped through intellectual perception and that musical forms can produce an affective state in the listener in response to aesthetically significant qualities such as beauty or impressiveness as with Gurney. However, it would deny that music expresses emotions in any normal sense of the term. Musical formalism holds instead that all aesthetic content in music is purely musical in nature. For this reason, it also denies that music is capable of conveying human experience or values, as well as any kind of broader conceptual content relating to human life.

Kivy argues that the experience of expressive content in music consists, not in the emotional experience of such content, but instead in the recognition of emotional qualities through a similarity between musical shape and the characteristic shape of utterances or bodily gestures. We make this association, according to Kivy, because we are psychologically determined to animate what we perceive and interpret it in human terms. The perception of emotion in music is thus public and objective in the same way it is in people.

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Kivy identifies some instances of expressive content that cannot be explained by his contour model, such as our experience of the respective qualities of the major and minor modes. He argues that these instances, whatever their origin, are established by convention and hence have the same objective character as those resembling human behavioral expressions of emotion.

DeBellis also points to the possibility of music resembling human actions that cause emotion rather resembling the expression of the emotion itself, as in satisfaction resulting from the perception of struggle followed by resolution. Thus, just as we say without controversy that a passage is delicate, in the same metaphorical manner we can also describe a musical passage as serene.

Zangwill acknowledges that we do have intensely valuable aesthetic responses to some works of music, but denies that these responses are emotional in nature. The mistake, according to Zangwill, is to take our metaphorical descriptions literally and confuse the feelings involved in experiencing music with emotions. Regardless of the stance taken on whether or not music is capable of expressing emotions or other types of extramusical content, there is universal agreement among theorists that classical music offers unique and highly valuable experiences of musical beauty.

Historically, the predominant tendency has been to limit musical beauty to the perception of relationships existing in the formal structure of the work, excluding its sensuous qualities. The most common type of musical beauty attributed to classical music is found in melody. The great majority of individually identifiable melodies that we describe as beautiful possess certain characteristics that are easily recognizable.

The details of style evolve over time, but these general characteristics hold for beautiful melodies throughout the Common Practice period and beyond, as well as for instances of melodic beauty that predate Common Practice tonality. Musical beauty in the sense of patterns pleasing to the intellect and imagination may also be found in the perception of larger scale musical forms. Assessment of the significance of these vary depending on the weight granted to architectonic features in the musical experience. At the very least, certain readily perceivable formal structures such as those present in canons and harmonic ostinatos can be included uncontroversially in standard aspects of musical beauty in classical music.

At slower tempos and especially in lower registers counterpoint is also acknowledged by many theorists to contribute to perceptions of musical profundity. Closely related to musical profundity is experience of the sublime. In classical musical aesthetics, as with other arts, the sublime is usually taken to refer to evocation of that which is beyond human comprehension. Musical passages have been considered to evoke the sublime through qualities.

In contrast to the traditional focus on formal qualities, classical musicians themselves, as well as contemporary listeners to classical music, would almost universally include sensuous qualities as important contributors to musical beauty and sublimity.

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Indeed, a primary goal for the classical musician is to develop beauty of tone. Additionally timbres and coloristic effects play an increasingly important role in classical compositions starting in the latter part of the 19 th century, as seen in musical impressionism and minimalism, as well as in the expanded palette available through the use of greater and more varied performing forces from the Romantic period onward.

In the case of sublimity, dynamics and texture would also seem to have an important role, as would, in some instances, articulation and attack. A further question would be the extent to which virtuosic elements and displays of musical virtuosity by soloists constitute or enhance beauty or sublimity in music. A common analogy notes that such displays are the auditory equivalent of fireworks.

Can music possess expressive content in a more substantial way than in the intellectual recognition of resemblances to human expressive behavior in purely structural qualities, as the cognitivist would suggest? Theories addressing this question can be classed into several categories, as follows. Resemblance theories claim that musical expressiveness lies in perception of a similarity between the way the music sounds and the way emotions feel. Mirroring response theories claim that expressiveness lies in the music itself rather than originating in the composer or being located in the listener.

Nevertheless, these theories claim that listeners often mirror the emotional qualities that the music expresses, though their doing so is not required for the music to be considered expressive. Imaginative response theories claim that we experience music as expressive by imagining that the emotions we perceive in it belong to an indeterminate persona since the music itself cannot be the possessor of emotions. Accordingly, to hear emotion in music is to hear it as the expression of feelings by an imagined individual. A related approach emphasizes the metaphorical nature of expression without attributing it to an imagined persona.

Sympathy theories emphasize our sympathetic engagement in the music and corresponding enhanced recognition of its qualities. Although the literature is less extensive, theorists have also examined the presence and role of moods in classical music. It is generally assumed that moods differ from emotions not only in that they apply globally, but also in their lack of an intentional object.

Although it is difficult to claim that moods contain much expressive content themselves, they may set the stage for the experience of more specific kinds of expressive content. Thus, a joyous mood might set the stage for feelings of triumphant arrival, a somber one for mourning and loss.

Leonard Meyer combines his account of musical meaning with a theory of affective arousal. These examples, and countless others like them found throughout the fabric of classical compositions, trigger an affective response by establishing an expectation of fulfillment, then inhibiting that expectation. However, as Malcolm Budd and numerous others have observed, in order to be aesthetically significant expressive content must be a product of properties perceived in the music itself.

Consequently, expressive content cannot be the product of an association between the music and some extramusical content that defines or shapes our experience of it. More recently Jenefer Robinson has advanced another version of the arousal theory, arguing that music has the ability to excite physiological arousal directly in the listener. According to Robinson, the listener attaches an emotional label to the state of arousal after this arousal takes place.

Making a claim similar to that of Meyer in his theory of emotional differentiation, this label is governed by the context that the listener brings to the listening experience. Following the contributions of Robinson, many theorists now accept that arousal plays a role in the experience of classical music, even if it is only part of a more complete account. Peter Kivy figures as an exception by taking a formalist point of view, suggesting that to interpret our inner state as an emotional one after the fact is optional at best, and furthermore, is not the type of listening that appreciates what music as an art form has to offer.

In his Music and the Emotions , Malcolm Budd reviews and rejects many of the prominent theories of musical expressiveness. According to Budd, the expression of emotion in music amounts to hearing the music as sounding the way an emotion feels. However music is expressive of emotion, the expression of emotion must always rely at bottom upon the perception of the music as sounding like the way emotions feel. First, the music may induce the feeling whose likeness is perceived. Second, the perception of a likeness to emotional experience may be accompanied by listeners imagining an occurrence of the perceived feeling in themselves.

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Third, instead of imagining experiencing the feelings that are perceived in the music, the listener may imagine that the music is an instance of these feelings rather than the feelings of any specific individual. Scruton argues that all versions of the resemblance theory will be unsatisfactory for two reasons. First, resemblance theories confuse expression with the means by which it is achieved as with other arts such as poetry, music does not resemble what it expresses. Second, if resemblance involves recognizing expression without requiring that we experience something of value as a result of it as Kivy would have it , then successful expression may occur in an aesthetically uninteresting piece of music and it is unclear why the musical presentation of expression would have any special value.

In his recent Critique of Pure Music James Young advances versions of both arousal and resemblance theories as components of his anti-formalist position, Arguing in a manner similar to Budd, but in greater detail, he claims that that music arouses emotions through the resemblance the listener perceives between the experience of music and the experience of human behavior expressive of emotions. Jerrold Levinson focuses on the imaginative contribution of the listener in offering an account of hearing music as drama.

Heard as drama, music consists in the interplay of forces within a piece, energies or impetuses within the piece whose interaction involves qualities such as tension, suspense, assertion, struggle, and conflict. Levinson suggests that when we hear music as drama, we imagine the dramatic actions and motivations to belong to indeterminate personae or person-like agents. He acknowledges that this way of listening adds an optional layer of content not strictly derivable from the music itself. Aaron Ridley takes an approach similar to Levinson in regards to the imagination of indeterminate personae, but places special emphasis on the melismatic gesture in classical music as a primary vehicle of emotional expressiveness.

Following the contributions of Levinson and Ridley several theorists, Scruton among them, have suggested that the introduction of an imagined persona is unnecessary and that the musical entities themselves qualify as dramatic agents interacting with one another. Much of western classical music from the Common Practice period can easily be characterized as inherently dramatic in nature, involving development, struggle, and resolution, due to its fundamental reliance on the tonic-dominant relationship.

This relationship allows for multiple large and small scale instances of motivic development, of tension and resolution, departure and return, and movement and rest to occur within the context of a single piece. The tension found in the dominant seventh, as well as in other chords that function similarly, places the listener in a state of suspense and instills a desire for resolution. Tonal harmony exploits the dynamic qualities of chords within a given harmonic context to create tension, suspense, expectation, and surprise.

It is worth noting that conceiving of music as a dramatic art would seem to shift the emphasis away from the value of a particular content in the music itself and toward the experience of dramatic qualities by the listener. Provided that we give ourselves over to it fully, a highly dramatic work may allow us to experience a form of catharsis and perhaps a state of exhausted repletion following the experiences of tension, suspense, and fulfillment. He begins by suggesting that, because music cannot express exact states of mind, transitive notions of expressiveness give way to an intransitive conception of it.

In order to hear music with understanding, we must move with it internally. Like Scruton Christopher Peacocke gives a central place to metaphor in the experience of musical expressiveness. This may occur at a single moment, or through the development of the music over time. Budd questions what information a metaphorical-as constituent of a perception carries.

He suggests that if it is no information, then the claim of metaphorical-as perception to cognitive status lapses. He worries that it is unclear whether the account places limits on what can be heard metaphorically-as, leaving open the possibility that anything is permissible. The traditional question of the value of negative emotions in aesthetic experience applies to classical music as it does to the other arts.

However, the question involves additional challenges in the case of pure music if one considers such music to be both abstract and highly expressive. In arguing for a specifically musical emotion that is both pleasurable to experience and universal to all aesthetically significant works of music, Gurney sidesteps the issue altogether.

Stephen Davies, by contrast, suggests in Musical Meaning and Expression that there is no real difference between our willingness to expose ourselves to negative emotions in music and our willingness to do so in other areas of life, so the question is more about our response to the human condition than it is about listening to music. A related possibility is that negative emotions in music offer a truthful reflection of our experience outside of music, and that we value such music in part because it affirms a reality we experience in our lives.


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Beyond the claim for emotionally expressive content in music, some writers have suggested that classical music possesses content that reflects aspects of human experience and values that surpass the expression of emotion, mood, and feeling, or the interplay of imagined personae. Wilhelm Dilthey and Jean-Paul Sartre both make such claims for music, and kindred claims can also be found in the writings of a number of contemporary aestheticians.

However, while claims for a more significant human content in music resonate with many people, they have found only limited support among theorists because it has proven difficult to sustain an argument for the presence of this kind of content in music alone without tying the aesthetic claims to a larger philosophical framework that itself makes claims about human experience and values. Like Hegel, Dilthey holds that the psyche must obtain self-knowledge by objectifying itself.

Unlike the literary, dramatic, and visual arts, however, music alone cannot make use of things or images from the shared external world, nor can it make use of the ability of words and images to refer to the inner world of emotions, perceptions, thoughts, and ideas. Instead, Dilthey argues, music transforms lived experience into a form of expression all on its own in a way that that opens up areas of human experience not accessible to the other arts.

The composer does not translate feelings that arose outside of music into musical terms. Rather the composer develops a capacity for specifically musical feelings through immersion in a musical tradition, in this case the tradition of Common Practice tonality together with all of the expressive techniques developed within this framework by individual composers. This capacity allows the composer to transform non-musical experiences into musical ones. Unlike most other expressive arts, music does not achieve its meanings through signification or representation.

Instead, the capacity for musical feelings, as developed in relation to a musical tradition, takes the place of the capacity for signification found in language or that of representation found in the visual arts. Every art requires some vehicle or means through which to pursue the goal of appropriating the human world. In the case of music, Dilthey suggests, this vehicle is a capacity for musical feelings developed within a specific cultural tradition. Expressions of lived experience in music, then, are expressions, not just of the uniquely individual experience of the composer, but of individuality perceived against a particular cultural-historical background.

Sartre explores the musical work as a historical and cultural totality, which simultaneously reflects and transcends its time. Although Sartre does not deny that music is capable of reflecting the individual values of the composer, he is primarily interested in the way that music reflects, and possibly allows for the transcendence of, the human situation in a particular time and place.

Like Sartre, Theodor Adorno interprets strictly musical qualities in classical music to have social and political implications. In his writing on Mahler, Adorno argues that a social critique is evident in the relationship the composer establishes between the individual theme and the larger symphonic form. Adorno finds another kind of human significance in the late style of Beethoven, arguing that his late style reveals the ultimate inability of art to address the human condition. The middle Beethoven transforms his musical materials according to his intention, freeing them from convention through the compositional uniqueness that he achieves.

More recently, Patricia Herzog has argued that purely instrumental music can convey content of profound significance to human life and that the value of such music resides largely in the value of the content that is conveyed. Purely formal accounts of music overlook this content and consequently cannot offer insight into the most important aspects of musical value. Drawing on the work of Edward Cone and Joseph Kerman, Herzog bases her argument on the intuition that music contains a significance to human life that cannot be grasped by limiting the study of music to intramusical relations and any expressive content these abstract forms may yield.

For Herzog, the best works of classical music possess a recognizable conceptual content of human significance. Aaron Ridley also claims that music can convey a profound content. Drawing on the music criticism of J. Kivy suggests that the profundity of music can only be possessed directly through the listening experience. He agrees that music matters, but denies that its profundity consists in a content that can be articulated in terms of human experience and values. This means that in the listening experience we imagine feeling particular emotions tied to the content of the music. Walton also suggests that music presents non-psychological properties such as struggle and achievement.

When we enter into the music through sympathetic listening, we rehearse the patterns of emotions that correspond to those values. Like Plato, Scruton suggests that music exercises an influence on our character. He draws an analogy to dance and its evolution from the Baroque period onward, Scriton claims that through the feelings it causes us to experience in our sympathetic engagement with its gestures, classical music educates our emotions, in contrast to popular music, which increasingly represents the decline of Western musical culture, a progressive movement toward disorder lead by the sexual impulse.

Theories that find music alone to be capable of expressing aspects of human experience and values must account for how an apparently abstract art can convey such content. Though attempts continue to be made to explain how music achieves this kind of result, most theorists find the attempts made to date to be unsatisfactory.

Thus, while theories claiming the expression of human experience and values appeal to the common intuition that certain works of classical music possess a meaning that has larger implications for human life, definitive identification of such meanings has proven to be elusive. The Aesthetics of Classical Music Musical aesthetics as a whole seeks to understand the perceived properties of music, in particular those properties that lead to experiences of musical value for the listener.

The Temporal Aspect of Music In addition to its distinctive characteristics as an art form perceived through hearing, music is, of course, always temporal. Classical Music as an Historical Tradition As an historical tradition, classical music gradually expands its artistic resources, from the practices of medieval polyphony, through the incorporation of new elements in the Renaissance, to the achievement of a conception of music and musical composition that is shared across Europe by the middle of the Baroque. Musical Works and Musical Performances There are many philosophical questions surrounding the nature and definition of music and the ontological status of works of music.

Historical Discussions Although discussion of topics relevant to Western musical aesthetics date back to the pre-Socratics, it is not until the 18 th century that musical aesthetics takes shape as an inquiry focused on the understanding of perceived properties and capacities of the art of music. Kant Following early explorations of the topic the first major contributor to the aesthetics of classical music is Immanuel Kant in his Critique of Judgment.

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Gurney In the latter part of the 19 th century Edmund Gurney developed an approach to musical expression based on Darwinian evolutionary theory. The Listening Experience In contemporary discussions there is general consensus that when we experience classical music, we hear the pattern of sounds as an intentional object. Theories of Musical Meaning Recognizing that we identify a pattern of sounds as an intentional object aids in understanding how we come to perceive the sounds produced as a form of art.

Theories of Musical Syntax and the Influence of the Cognitive Sciences Several notable authors sought to offer an account of musical meanings by analyzing music in terms of a musical syntax. Form Accounts of understanding classical music address the question of how patterns of sound generate meaning for the listener.

Musical Formalism The claim that music is fundamentally an abstract art may be taken to mean that music contains nothing other than sounds and their relations to one another. Beauty, the Sublime, and Sensuous Pleasure Regardless of the stance taken on whether or not music is capable of expressing emotions or other types of extramusical content, there is universal agreement among theorists that classical music offers unique and highly valuable experiences of musical beauty. Emotion Can music possess expressive content in a more substantial way than in the intellectual recognition of resemblances to human expressive behavior in purely structural qualities, as the cognitivist would suggest?

Association and Arousal Theories Leonard Meyer combines his account of musical meaning with a theory of affective arousal. Resemblance Theories In his Music and the Emotions , Malcolm Budd reviews and rejects many of the prominent theories of musical expressiveness. The Role Imagination and Metaphor Jerrold Levinson focuses on the imaginative contribution of the listener in offering an account of hearing music as drama.

The Expression of Negative Emotions The traditional question of the value of negative emotions in aesthetic experience applies to classical music as it does to the other arts. Human Experience and Values Beyond the claim for emotionally expressive content in music, some writers have suggested that classical music possesses content that reflects aspects of human experience and values that surpass the expression of emotion, mood, and feeling, or the interplay of imagined personae.

The mixture of the two songs with iconic videos and conscious lyrics served as a reminder that Janet is more than a pretty face, but a revolutionary. Janet ended the night with a moving performance displaying images of impoverished and underrepresented groups. The audience stood in awe before shuffling out of the Santa Barbara Bowl, stunned by the Queen of Pop. Sunday , October 6 , November 8, at pm by Nisa Smith.

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