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Black’s Law Dictionary (8th ed.) defines force majeure as “an event that can be neither anticipated nor controlled.” A party to a contract may be discharged of their duty to perform under said contract upon showing the occurrence of some unforeseeable event outside of their control which rendered their performance impossible or impractical. The concept dates back at least a century and a half to the English case of Taylor v. Caldwell 122 ER 309; 3 B. & S. 826 (1863). It also serves as an excellent title for Brandee Younger and Dezron Douglas’ duet recording, Force Majeure (International Anthem, 2020).

In understanding the title’s significance, one should first point to the use of these clauses within a contemporary context. The uncontrollable force implicated with force majeure defenses are generally limited in area or scope – e.g. wildfires or earthquakes in a given area –  or matters unique to a particular party or industry – e.g. shortages of raw material or unexpected production delays. With the rise of COVID-19, however, these provisions are more frequently relied upon to cancel service agreements across the United States. What was once an infrequently relied upon clause is in common use. As Douglas describes it on the title track, “that one clause that never really pops up …  just popped up.”

The impact of the pandemic and systemic responses to it are an inescapable part of the music presented on this album. The same day New York Governor Andrew Cuomo shuttered all “non-essential” businesses, Younger and Douglas began broadcasting to the world from their Harlem home. As days became months, their weekly streams became increasingly effective in concept and execution. Force Majeure can be seen, first and foremost, as a document of these performances. The first track begins with the words “Quarantine. Lockdown.” The sole original instrumental, “Toilet Paper Romance,” takes its name from the mad rush on the product earlier in the year. And the closer implores listeners to “flatten the curve.”  In a broader sense, the harp-bass duo is atypical in terms of instrumentation, and one questions whether their intersection would be so thoroughly examined absent the pandemic serving as a catalyzing force. But perhaps the shadow of COVID-19 is best seen in the album’s overall aesthetic. Captured on a single microphone, there is at times an inherent roughness to the album. The dialogue between – and during – songs and an apparent false start on one track gives an inimitable organic quality. These little imperfections add an intimacy not replicable in a studio. In the process, these facets allow the era in which it is recorded to almost serve as a third, albeit  “silent,” voice. 

The legal precept of force majeure has long applied to a  broad set of circumstances. In addition to unexpected natural phenomena (vis major), it has also encompassed issues such as employee strikes or machinery breakdowns. For solely unexpected natural phenomena, a separate defense, vis major, exists. Nevertheless, force majeure clauses are often called  “Act of God” language. Fittingly, Younger and Douglas also deeply explore spirituality on their release. The album’s cover art itself hints at these considerations by depicting both artists as small figures among a greater expanse. The music picks up on these concepts wonderfully as well. 

“Coffee” begins the album with Douglas noting that “God is Good” before flowing into a rendition of Alice Coltrane’s “Gospel Trane. ” Where the original is a little heavier and relies upon the elder harpist’s piano skills, Younger’s is a lighter affair, gliding through the air and kept from floating away entirely only by Douglas’ deep and firm lines. Alice’s husband John, himself a frequent theorist on mankind’s place within the entirety of the universe, makes an appearance through the pieces “Equinox” and “Wise One.” The former mostly retains its original slow-blues approach with both artists’ instruments weaving in and around each other. Any misconception that Douglas is some mere accompaniment to Younger is obliterated by this track. Pharoah Sanders’ epic “The Creator Has a Master Plan” continues the existential study by skewing away from the original’s rougher- though brilliant-  edges and towards a softer and more heavenly sound. And, in case its message is lost, Douglas announces at its close that “the creator has a master plan for us all.” Religious thoughts are again revisited in Douglas’ soulful solo version of Sting’s “Inshallah,” a Quranic title which, translated from Arabic, means “God willing.” 

The album also addresses issues of racial injustice through statements about Black music generally, Nina Simone, and the dedication of the contemplative “Wise One” to Ahmaud Arbery. Given the seriousness of this subject and the prior two mentioned, one may be led to believe Force Majure lacks any light moments. But, such a perspective would be misguided. At times it visits more “popular” music with songs written or popularized by the Jackson 5, Sting, Kate Bush, and the Stylistics. 

Then, of course, there is “Sing.” Selecting a composition from Sesame Street runs the risk of turning saccharine and possibly undermining the seriousness of the artists’ messages. That is not the case here. Steady walking bass and glistening harp merge to sonically provide a light of hope in a time of darkness. To some extent, “Sing” is the glue that holds the entirety of the album’s parts together even as it provides a glimpse of a future beyond disease and hatred.  

Force Majeure excellently documents Younger and Douglas’ live web performances, a musical highpoint of this difficult year. In a way, the album thereby also serves as a time capsule. Just as many have studied the era of the Spanish Flu of 1918 to better understand our current pandemic,  someday future generations may look back to today to see how we all coped with COVID-19. The album is a great gift to our cultural descendants to show not only how we survived these stressful times but how art continued to flourish during them. The gentle beauty of each piece is an exemplary way to end this chaotic year with hope for a better new one. 

Force Majeure will be available on International Anthem on December 4, 2020.

Tracklist: 1. Coffee (into); 2. Gospel Trane; 3. Equinox; 4. The Creator Has a Master Plan; 5. Sing; 6. You Make Me Feel Brand New; 7. We’ll Be Right Black; 8. Never Can Say Goodbye; 9. This Woman’s Work; 10. Nothing Stupid; 11. Inshallah; 12. Wise One; 13. Force Majeure; 14. Toilet Paper Romance; 15. Flatten the Curve (outro).

Personnel: Brandee Younger (harp, voice), Dezron Douglas (double bass, voice)