Business Law Assignment - Critical Legal Studies School of Jurisprudence

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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…show more content…
The ability to see, listen and share material with people previously, potentially unreachable assisted in making the world dynamically smaller. The ease of listening and purchasing is now almost one and the same. Therefore changes in the law surrounding copyright and protection of the rights and intellectual property of artists are, and will be for some time yet, difficult to track and administer. The concerns arising from any changes would be that the creative material may need to be suppressed, maybe in the form of scrambling, hence making it more difficult for the less established, and smaller artist to expose their work to the world. Alternatively ignorance of the law and any changes made would continue to see artists being exploited and not receiving the funds/recognition that would come with a secure and restructured performance rights act. The key area in the present public domain is that of file sharing. The issue of downloading and the greater offence of uploading copyrighted material on peer-to-peer networks and forums without the permission of the copyright holder immediately takes away any royalties payments for the artist that would have been derived if the users would have purchased the work through legitimate channels. In recent years crackdowns on sharing sites their servers and users have resulted in settlements being made for the artists and copyright holders affected by this but other than implementing greater

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