Business Law Assignment - Critical Legal Studies School of Jurisprudence
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 by precedent. The notion that a professional decision came about after much debate and thought allows for a certainty in future decisions holding the same characteristics, this is a flawed logic when precedent becomes outdated or the decision previously held is in fact incorrect. This understanding can also be countered with the idea that each and every decision that comes before the courts may be decided with greater flexibility and each situation judged on its own individual details, flaws and merits. The cost and time constraints of this style of law reform would make proceedings long and arduous, clogging the legal system with potentially smaller straightforward cases with no room for fast tracking the precedent that was set in previous judgments.
CLS believe that law, in practice and in general, is simply politics. Legal mindsets are created with the introduction of new governments or departments and this way of thinking filters into what is common law by the judgments reached by the judiciary and via one-sided legislation being passed. By allowing free thinking decisions to be considered at the point of judgment law and politics would be separated, without influence or instruction, and the simple facts would bear the onus
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 by precedent. The notion that a professional decision came about after much debate and thought allows for a certainty in future decisions holding the same characteristics, this is a flawed logic when precedent becomes outdated or the decision previously held is in fact incorrect. This understanding can also be countered with the idea that each and every decision that comes before the courts may be decided with greater flexibility and each situation judged on its own individual details, flaws and merits. The cost and time constraints of this style of law reform would make proceedings long and arduous, clogging the legal system with potentially smaller straightforward cases with no room for fast tracking the precedent that was set in previous judgments.
CLS believe that law, in practice and in general, is simply politics. Legal mindsets are created with the introduction of new governments or departments and this way of thinking filters into what is common law by the judgments reached by the judiciary and via one-sided legislation being passed. By allowing free thinking decisions to be considered at the point of judgment law and politics would be separated, without influence or instruction, and the simple facts would bear the onus