Esta dissertação apresenta a teoria cartesiana da livre criação das verdades eternas. Uma teoria desenvolvida por Descartes entre 1630 e 1649. Nossa pesquisa pretende expor a noção cartesiana de verdade eterna, o alcance e o significado da tese segundo a qual as verdades eternas foram criadas por Deus, as razões de sua elaboração, os problemas e as conseqüências decorrentes desta interessante teoria. Pretendemos concluir que a teoria, ao contrário do que afirmam alguns intérpretes do cartesianismo, não representa qualquer ameaça ao sistema de Descartes. / This dissertation presents the Cartesian theory on the creation of the eternal truths. A theory developed by Descartes between 1630 and 1649. Our research aims to explain the Descartes notion of the eternal truth, the scope and the meaning of the thesis according to which the eternal truths have been created by God, the reasons for its elaboration, the problems and the consequences arising from this interesting theory. We pretend to conclude that the theory, contrary to what some cartesianisms interpreters ensure, does not represent any threat to the Descartes system.

O principal objetivo desta pesquisa é analisar alguns das principais idéias envolvidas no labirinto da liberdade, um dos assuntos de grande destaque dentro da filosofia leibniziana. Por um lado, Leibniz sempre defendeu a máxima racionalidade de todos os fatos, o que acaba por indicar que todos estes estão absolutamente predeterminados. Por outro, ele procurou mostrar que todos os seres racionais são moralmente responsáveis pelos seus atos conforme suas vontades. Por meio de um grande esforço conceitual, Leibniz procurou conciliar a idéia de um destino, racionalmente delineável, junto à idéia de liberdade das ações dos seres racionais; ele não quis defender nem a pura necessidade e nem o puro acaso. O principal aliado nessa tarefa foi o Princípio de Razão Suficiente. Este princípio ganhou foi fortalecido a partir do desenvolvimento do conceito das infinitas substâncias completas (entelechia, substância individuais, mônadas), que foi elaborado gradualmente ao longo da sua vida filosófica. Uma reconstrução básica de algumas das principais teses da metafísica leibniziana permite observar como as criaturas (especialmente as racionais) passaram a ser consideras as legítimas responsáveis por suas ações, sem que o mundo representasse uma espécie de caos. / The main goal of this dissertation is to investigate some aspects of the Labyrinth of Freedom, a key subject in the Philosophy of Leibniz. On one hand, Leibniz supported the maximum rationality of all events, meaning that they are all absolutely predetermined. On the other, he tried to show that rational beings are morally responsible for their actions, and that requires free will. Through an act of great intellectual effort Leibniz tried to conciliate an idea of all embracing destiny (rationally understood) and the concept of freedom. He resisted admitting a vision of the world driven either by absolute necessity or lost to pure chance. His main ally in this task was the Principle of Sufficient Reason. This principle gained strength from the development of the concept of infinite substances (entelechia, individual substance, monades) that was gradually forged throughout the philosopher\'s life. A brief reconstruction of some of the main features of Leibniz´s metaphysics allows us to perceive how all creatures (especially rational ones) could be seen to be truly responsible for what they do and the choices they make in a rationally structured world.

of my Master's degree thesis in English TERM AND LEGAL CONSEQUENCES OF EXCEEDING THE PRIVATE DEFENCE AND NECESSITY LIMITS (EXCESS) The thesis examines the legal concept and legal implications of transgression of (acting outside of) private defense and necessity. It is based on the new Criminal Code, Act N. 40/2009 Coll. In some of the comparative passages the older legal regulation is mentioned, Act N. 140/1961 Coll., the Criminal Code in particular, as well as preceding penal codes. For illustration of examined concepts and definitions every charter includes case law that deals with the legal institute of private defense and necessity. The thesis is based on the Czech legal regulation and doesn't include comparison with foreign legislation. It's been caused by the short time of effectiveness of the new Criminal code which brought several substantial changes in circumstances precluding wrongfulness of an act. Significant part of the thesis is dedicated to these innovations, e.g. new privileged the fact of criminal offence of manslaughter (§ 141 CC) and infliction of bodily harm with a justifiable motive (§ 146a CC) , new legal regulation of extraordinary reduction of the term of imprisonment (§ 58 CC) and extenuating circumstances (§ 41 CC). Essentially, the new Criminal Code as a whole brought a...

This thesis concerns the topic of exceeding the limits of self-defence and necessity and related legal consequences. Although the concepts of self-defence and necessity exist also in other legal branches, this thesis is focused primarily on criminal law. The aim is to define the concept of excess of the limits of self-defence and necessity, including the individual types of excess, and to provide a comprehensive overview of both general and special legal consequences that can arise in case of an excess. Furthermore, this thesis strives to answer the question whether the current Criminal Code allows for all the specific circumstances of cases in which the defendant fulfils an offence definition while exceeding the limits of self-defence or necessity to be duly taken into account. First, this thesis deals generally with the topic of defences and the concept of self-defence and necessity and then analyses in detail the limits and conditions of these concepts as this matter is closely connected with the topic of excess. The crucial parts of the thesis are part three and four. The third part focuses on defining the concept of excess and its characteristics, analysing the fault element of an excess and describing the individual types of excess of self- defence and necessity limits. The fourth part deals...

The concept and legal consequences of excessive self-defense and necessity The topic of presented diploma thesis deals with criminal law institutes of self-defense and necessity and the consequences of exceeding their limits provided by the Criminal Code. Both of the above-mentioned institutes belong to the conditions precluding illegality of an act, i.e. specific circumstances in presence which of and subject to conditions any sanction is excluded under effective law. The purpose of these institutions is to make it possible for people to act with impunity in cases they protect the interests of their own or interests of the whole society when these interests are violated or endangered. In principle, these institutes replace the absence of a public authorities at the moment, whose task is to protect these interests. However, on the other side the legislation does have certain limits to prevent from any misuse of these institutes. The key passages of this thesis are therefore focused on situations where the conditions of necessity or self-defense are not fully met and examines the legal consequences of such actions. The presented thesis is divided into six parts. A brief introduction is followed by the first chapter, which deals with the general view of the conditions precluding illegality of an act,...

The term and legal consequences of exceeding the limits of extreme necessity and necessary defence Abstract This thesis deals with the concept and legal consequences of exceeding the limits of extreme necessity and necessary defence, i.e. two conditions precluding the illegality of an act, which can be found in Chapter III of the current Criminal Code. Those conditions preclude the illegality of an act that would normally be illegal, because an act under those conditions is generally desirable in order to defend the interests protected by the Criminal Code. With the absence of illegality, acts under one of the conditions precluding illegality do not at all result in the commission of a criminal offence, which in case of extreme necessity and necessary defence, allow people to defend themselves at times when the state does not provide them protection against a certain danger or attack. However, if the statutory limits of these conditions precluding illegality are exceeded, the illegality will not be eliminated and a criminal offence will be committed. The main purpose of this thesis is to analyse the Czech legislation related to extreme necessity and necessary defence in terms of its limits. In particular, it aims to reveal the shortcomings of the legislation and offer solutions. The goals and structure of...

This thesis is an examination of Bertrand Russell's realist "bundle theory of particulars". In Russell's earlier work, the need to explain the unity and individuality of objects compelled him to accept particulars as well as universals as ultimate kinds of reality. Nevertheless, in carrying out his efforts to economize his ontology, he discovered he could not reduce properties to particulars, because there are some relations that resist nominalistic explanation, but particulars could be reduced to bundles of qualities. In this thesis, I show that the realist 'bundle theory' not only reduces the kinds of ultimate reality to one, i.e., to universal qualities, but also serves all of the purposes for which bare particulars were originally required. Specifically. I examine what I take to be the major criticisms leveled against the realist 'bundle theory': the problem of individuation, the problem of necessity, and the problem of analyticity. I defend the strength and consistency of Russell's theory and argue that it can answer to the objections. / Thesis / Doctor of Philosophy (PhD)

La recherche proposée concerne « la dimension constitutionnelle de l’urgence en France et en Italie». Elle sera divisée en deux parties. La première concernera l’autonomie sémantique et la dimension théorico-juridique de la notion d’urgence. L’appréhension de la notion d’urgence, en effet, soulève la question de sa définition juridique, permettant de la distinguer d’autres notions juridiques proches, comme celles de la nécessité, de la rapidité ou du péril en la demeure. Définir l’urgence d’une façon rigoureuse est-elle une entreprise vouée à l’échec ? La deuxième concernera l’urgence dans les systèmes constitutionnels français et italien. On examinera les 47, al. 4, et 61, al. 3, de la Constitution française et les articles 13, 21, 72, 73 et 77 de celle italienne. Il nous a apparu intéressant, en outre, d’analyser la loi sur l’état d’urgence dans les deux ordres juridiques, pour se demander, finalement, s’il est possible d’envisager une "urgence démocratique". / The research concerns «the constitutional dimension of the emergency in France and Italy». The PhD Thesis will be divided into two parts.The first part is aimed at the theoretical definition of the emergency. We have paid priority attention to highlighting the difference between the emergency and the others “similar” legal notions (necessity, periculum in mora, celerity, etc. Is it possible defining the emergency in a rigorous way?In the second part we have examined the articles 47, al. 4, and 61, al. 3, of the French Constitution and the articles 13, 21, 72, 73 and 77 of the Italian Constitution. We have also analyzed the state of emergency law in France and in Italy. It is possible to envisage a «democratic emergency»

In this thesis we statistically measure if normative and cultural-cognitive institutions moderate the relationship of entrepreneurship and economic growth when the entrepreneurial activity is rooted in different motivations. The types of entrepreneurship which we are measuring, in relation to economic growth, are opportunity- and necessity entrepreneurship. By reviewing the literature we found a general agreement regarding the effect of opportunity entrepreneurship on economic growth while the opinions on necessity entrepreneurship are disparate. Taking institutional theory as the basis for moderation fills in several gaps of the existing literature such as using different types of institutions at the same time or fulfilling the demand for cross-country time series study in both entrepreneurship and institutional research. Regulative institutions are taken into consideration when choosing the countries for analysing. Trust, as a proxy for social capital, is used to measure the moderating effect of normative institutions whilst Power Distance Index and individualism are the measures of cultural-cognitive institutions. Relying on secondary data we used an Ordinary Least Square regression and a repeated measures model for analysis.   In line with previous research we found that opportunity entrepreneurship does not have a significant positive correlation with economic growth, when the effect is measured through the productivity enhancement of labour and technology. Necessity entrepreneurship displayed a significantly negative effect. Furthermore, our results did not show any effect when moderating the different motivations for entrepreneurship with trust, power distance or individualism. At the end of our thesis we elaborate on the possible reasons for our findings and suggest some directions for further research.   The thesis contributes to entrepreneurship research with filling the gaps of cross-country, time series study and providing empirical evidence for the existing theories. It enables to gain a deeper understanding of the relationship of entrepreneurship and economic growth. Regarding institutional research, our thesis places some emphasis on the positive effects of institutional dimensions with relations to entrepreneurial context. It would be very interesting to see more research into the negative aspects of institutions to not only understand what fosters productivity of e.g. innovation and labour, but also burdens it.

This study examines the evolution of the modern necessity defenses in ICSID arbitration claims against Argentina arising from the 2001/2 economic crisis. To date, ICSID tribunals have been fractured in their approaches to Argentina’s necessity defenses. The high degree of inconsistency among the tribunals has provoked criticism and threatens to tarnish the legitimacy of the ICSID system, especially in Latin America. Recent developments indicate that a more coherent and legally sound alternative is emerging with a “two-step” approach that is moving away from reliance on customary international law and towards language in the bilateral investment treaty (BIT) between the Argentina and the United States. The BIT-based “two-step” approach is superior to the other two approaches available in terms of legal justifications and policy implications. Adherence to the “two-step” approach in future tribunals will allow for greater consistency, predictability, and stability for states and investors. Abstract: This study suggests that a weak press establishment was key among factors that enabled the excesses of the government’s response to domestic terrorism during Argentina’s most recent military dictatorship, the Proceso of 1976-1983, which resulted in gross human rights violations. The paper examines the role of the Buenos Aires Herald, which played an exceptional role in reporting violence during the Proceso and was the only major Argentine daily to take a confrontational editorial posture vis-à- vis the government. In researching this topic, the author used the archives of the Herald, primary source documents and press clips from the era, interviews with key figures in Argentine journalism, and a variety of academic sources on the issue. The paper considers political and historical factors as they shaped the Argentine media and set the stage for the events of the Proceso. / text