Business Law Assignment - Critical Legal Studies School of Jurisprudence

915 Words Mar 7th, 2012 4 Pages
1.Evaluate the views of the Critical Legal Studies School of jurisprudence. What are the benefits and drawbacks of using broad notions of fairness in deciding cases?

The theory of Critical Legal Studies removes the common held standards and aspects of general legal practices and looks to establish a more rounded and equitable remedy in all concerned situations. It is perceived that the law and its makers look only to protect the interests of those that are in power and that of the overwhelming social demographic whom create the modern day structure of beliefs, prejudices and sanctions that are implemented as laws.
Fairness, however, in the constant and endless legal domain would be found at the cost of the consistency that is offered
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The principles of CLS are founded on the ability to allow a social, gender, class, race and other characteristics an equal balance in the eyes of the law and in the decision making of the law makers. To allow people to be judged on their circumstances of the case rather than that of the social structure surrounding them would enable a “freedom” of sorts and remove limitations of choice imposed on them by circumstance of life.
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2.What changes should be made to copyright law to reflect the ease with which much creative material can be reproduced and distributed over the Internet? What concerns are there with any such law?

The internet, in this area of law, has changed everything prior to its conception. All previous technological advancements in the creative arts regarding sound quality, playback and recording devices and broadcasting capabilities did not warrant any changes to the dated but resilient copyright laws already in place.
The significant change that required an immediate reworking of the details held within copyrights governance was the fluid ability in which the listener could record and broadcast creative material that was being watched or listened to. The internet didn’t create this problem however, but it was the revolutionary way in which

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