Scholars of culture, humanities and social sciences have increasingly come to an appreciation of the importance of the legal domain in social life, while critically engaged socio-legal scholars around the world have taken up the task of understanding "Law's Empire" in all of its cultural, political, and economic dimensions. The questions arising from these intersections, and addressing imperialisms past and present forms the subject matter of a special symposium issue of Social Identities under the editorship of Griffith University's Rob McQueen, and UBC's Wes Pue and with contributions from McQueen, Ian Duncanson, Renisa Mawani, David Williams, Emma Cunliffe, Chidi Oguamanam, W. Wesley Pue, Fatou Camara, and Dianne Kirkby. This paper introduces the volume, forthcoming in late 2007. The central problematique of this issue has previously been explored through the 2005 Law's Empire conference, an informal but vibrant postcolonial legal studies network.

Law's Empire

Preface viii Acknowledgments xii Epigraphs xiii Part I Political Correctness and its Origins 1 Chapter 1 Defining Political Correctness 3 Chapter 2 The Origins and the Debate 60 Part II The Semantic Aspect 85 Chapter 3 Words and Authorities: Dictionaries and Lexicographers 87 Chapter 4 The Evolution of the Word Field 106 Part III Zones of Controversy 113 Chapter 5 Issues of Race, Nationality, and Difference 115 Chapter 6 Agendas Old and New 178 Part IV Cultural and Historical Issues 215 Chapter 7 Political Correctness in the Past 217 Chapter 8 Culture 236 Conclusion: The Right Thing to Do? Progressive Orthodoxy, Empty Convention or Double Standard? 283 Bibliography 298 Author and Subject Index 309 Word Index 317

http://library.um.ac.id/free-contents/downloadpdf.php/buku/political-correctness-a-history-of-semantics-and-culture-geoffery-hughes-40295.pdf

Political correctness: A history of semantics and culture / Geoffery Hughes

John Henry Merryman in his 1969 book claimed that there are, globally, three highly influential legal traditions in the world: civil law, common law, and socialist law. Since the fall of the Soviet Union, most comparative lawyers have abandoned the idea of the "socialist law" as the separate legal tradition. This text argues that, two decades after the "transition", the tradition in post-Socialist countries still has features that are distinctive from both civil and common law, and may therefore be taken as a separate, "third" legal tradition.

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2498760_code2300415.pdf?abstractid=2498760&mirid=1

Survival of the Third Legal Tradition

Directive EU/2014/104 is the latest legal instrument that crystalizes the evolution of EU competition law enforcement. This paper assesses critically the features of the Directive and the challenges it poses for its implementation by Member States. The Directive codifies the case law of the EUCJ and it encroaches upon the autonomy of Member States in setting the institutions, remedies and procedures available for victims’ of antitrust infringements. Although the Directive provides a fragmented and incomplete set of rules that only partially harmonizes antitrust damages claims in the EU, and it’s slanted towards follow-on cartel damages claims, it has publicised the availability of damages claims, creating momentum that will transform how competition law is enforced in the future.

/pdf/promotion-and-harmonization-of-antitrust-damages-claims-by-2namnf5hbm.pdf

Promotion and Harmonization of Antitrust Damages Claims by Directive EU/2014/104?

Poland’s productivity has grown strongly over the past decade, and efforts to reduce the regulatory burden have been
significant. Despite impressive progress, product market regulation remains more burdensome than in most OECD
countries, partly due to the importance of red tape and the level of state involvement in the economy. Further
reduction in red tape and pursuing privatisation in competitive markets would increase competitive pressures and
ensure neutrality, notably in public procurement processes. Economic rents in many sectors seem high, as stringent
entry regulations, regulatory barriers and inefficient bankruptcy procedures induce significant resource misallocation.
A welcome deregulation of professional services is ongoing, and the government plans to further ease firm
registrations and reform bankruptcy procedures. The independence of the sector regulators in network industries and
the powers of the Competition Authority can still be enhanced, as the reform efforts in these sectors remain patchy.
The dominant positions of the incumbents and the failure of network sector regulators to introduce a level playing
field in order to secure third-party access to the sectoral infrastructure and allow new entry in the competitive
segments are another main issue. The advantages of being considered a farmer are also slowing the consolidation
process in the agricultural sector. This Working Paper relates to the 2014 OECD Economic Survey of Poland
(www.oecd.org/eco/surveys/economic-survey-poland.htm).

/pdf/strengthening-competition-in-poland-40lnv8ucrd.pdf

Strengthening Competition in Poland

The European Commission published a White Paper on 2 April 2008 on damages actions for breach of EU antitrust rules. The content of the White Paper is since then being prepared to be converted into EU legislation on private antitrust enforcement. This paper presents the developments in private antitrust enforcement in Poland after 2 April 2008. It commences with an outline of EU actions in this field which act as an introduction to the more detailed analysis of recent jurisprudential and legislative developments in Poland. The latter part of the paper covers, in particular, the 2009 Act on the Pursuit of Claims in Group Proceedings and the 2011 Act Amending the Civil Procedure Code and Some Other Acts which abolishes all specific elements of commercial proceedings, including the statutory ‘non-admission of evidence’ principle. These two legal acts are assessed in order to establish whether their introduction is likely to help facilitate private antitrust enforcement in Poland and to consider to what an extent are these developments responding to the challenges outlined by the European Commission.

/pdf/still-unpopular-sanctions-developments-in-private-antitrust-20kdflbnuu.pdf

Still-Unpopular Sanctions: Developments in Private Antitrust Enforcement In Poland after the 2008 White Paper

The aim of this short essay is to highlight and concisely explore-but not address in depth-some cultural aspects related to legal languages, legal interpretation and legal translation. We would like to consider briefly the following questions: How can elements of legal language, as exemplified by proper names and euphemisms, be connected with cultural (extra-linguistic) factors influencing language units' formation? How can judicial discourse reflect the culture of a given justice system? How can the legal interpretation affect the degree of legal culture? Are theories of legal interpretation universal or applicable to specific legal cultures? What is the impact of culture on the context of legal translation? How can the cultural background affect the decision to use terms in translation? How does cyberculture impact legal translation?

/pdf/the-role-of-culture-in-legal-languages-legal-interpretation-35760jyk6s.pdf

The Role of Culture in Legal Languages, Legal Interpretation and Legal Translation

On 11 June 2013, the European Commission adopted a package of measures to tackle the lack of an efficient and coherent private enforcement system of EU competition law in its Member States. In particular, a draft Damages Directive was proposed in order to meet the need for a sound European approach to private enforcement of EU competition law in damages actions. The Damages Directive was ultimately adopted on 26 November 2014. This paper explores some aspects of private antitrust enforcement which have not received sufficient attention from the EU decision-makers during the long preparatory and legislative works preceding the Directive. The paper discusses also some of the remedies that have not been harmonised, and shows how these ‘gaps’ in harmonisation may limit the Directive’s expected influence on both the thinking and practice of private antitrust enforcement in Europe. It is argued in conclusion that further harmonisation may be needed in order to actually transform private enforcement of EU competition law before national courts.

Piecemeal Harmonisation Through the Damages Directive? Remarks on What Received Too Little Attention in Relation to Private Enforcement of EU Competition Law

On 17 April 2014, the Proposal for a Directive on antitrust damages actions was accepted by the European Parliament and sent to the EU Council of Ministers for final approval. In addition, a Recommendation was adopted in 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States to meet the need for a coherent European approach to antitrust private enforcement. This package comes at a time when private antitrust enforcement is rapidly evolving in a number of Member States. At the same time however, it establishes several legal solutions that do not fit well with existing * Professor of Law at the Faculty of Law, Catholic University of Portugal, Jean Monnet Chair, Coordinator of the Catolica Research Centre for the Future of Law – Porto. Sections I and II.1 were written by Sofia Oliveira Pais whilst Section IV is a common part. ** Assistant Professor at the Department of Public Economic Law, Faculty of Law, University of Bialystok (Poland); member of the Advisory Board to the UOKiK President; piszcz@uwb. edu.pl. Section II.2 and III were written by Anna Piszcz whilst Section IV is a common part. YEARBOOK of ANTITRUST and REGULATORY STUDIES www.yars.wz.uw.edu.pl Centre for Antitrust and Regulatory Studies, University of Warsaw, Faculty of Management www.cars.wz.uw.edu.pl Peer-reviewed scientific periodical, focusing on legal and economic issues of antitrust and regulation. Creative Commons Attribution-No Derivative Works 3.0 Poland License.

Package on Actions for Damages Based on Breaches of EU Competition Rules: Can One Size Fit All?

Th e aim of this paper is to investigate the (potential) impact of social dialogue on the operation of enterprises, mainly on the basis of legal provisions accompanied by practical evidence drawn from case law. Th is publication starts with the general context of social dialogue in the Polish legal culture. In this regard, it shows how social dialogue is defi ned and, in addition, it provides an overview of legal bases for social dialogue under the national rules and regulations. Th e remainder of the paper is structured as follows. It continues with the presentation of legal solutions regarding complex relations between various representatives of employees. In short, it explains certain aspects of the right to freedom of association. Furthermore, the article presents the special protection of employment relationship durability of employees’ representatives (as it has become a recognised fi eld of research and scholarly enquiry) and the challenges in this area. Th e paper concludes with a short summary.

/pdf/social-dialogue-of-employer-and-employees-in-poland-1pwn6ivh2y.pdf

Anna Piszcz

Papers

Still-Unpopular Sanctions: Developments in Private Antitrust Enforcement In Poland after the 2008 White Paper

The Role of Culture in Legal Languages, Legal Interpretation and Legal Translation

Piecemeal Harmonisation Through the Damages Directive? Remarks on What Received Too Little Attention in Relation to Private Enforcement of EU Competition Law

Package on Actions for Damages Based on Breaches of EU Competition Rules: Can One Size Fit All?

Social Dialogue of Employer and Employees in Poland