Over the last twenty years female entrepreneurs have been increasing in numbers in economies of developing and developed nations across the world. But although female entrepreneurship participation rates have increased worldwide, it appears that economic and socio cultural patterns still prescribe whether a female can become or want to become an entrepreneur in her society. Some reasons are obvious such as lack of employment and opportunities; other are disguised in patriarchal culture that deters female entrepreneurship. Against this backdrop it appears that in less developed countries necessity and informal entrepreneurship are more prevalent than opportunity entrepreneurship. An explanation from economic nature for this phenomenon is perhaps the fact that with less job opportunities available in developing nations, the ‘need’ to become an entrepreneur seems to be the answer for females to make a living by creating their own jobs. At the socio cultural level, the motivation to become an entrepreneur out of need surfaces because of the socio cultural structure of certain nations that hinder females from finding work that brings them independence, self actualization and flexibility for work-life balance. This qualitative exploratory study investigates the phenomenon of female entrepreneurship comparing female entrepreneurship in two contexts: Brazil and the United States. The economic differences on a macro level between these two countries have been well documented and national socio cultural differences have been discussed. But very little has been focused at the individual level of the female entrepreneur per se, that is, how they perceive and experience the economic and the social cultural macro environment with their businesses. This research attempts to fill this gap. This was done by first reviewing the literature and then by analysing the responses from face to face and telephone interviews with 34 female entrepreneurs in Brazil and 26 in the United States. The findings indicated that female entrepreneurs in Brazil and the United States share similarities in motivation for starting the business in terms of pull factors, such as search for financial independence, want to be one’s own boss, need for autonomy, and self actualization. The women from both groups also identified customer satisfaction and recognition from society as key elements for their business success. But business informality was a phenomenon only found among the Brazilian enterprises (the informais) a factor found to be directly related to economic necessity and the scarcity of waged jobs and opportunities. The perception of gender barriers was shared by both groups of entrepreneurs but other factors such as religion and the importance of faith to succeed in business were emphasized only by the Americans. Higher education was perceived by both groups as an instrument to gain recognition from society, but not important to grow their businesses; vocational training was perceived as more important. Networking was perceived as important, but different patterns of networking emerged among the Brazilians and the Americans. Definitions of success also differ among the women independent from their nationality. Some were more inclined to define success in financial terms, others simply define success in terms of flexibility and the ‘got to be in control’ syndrome. This research contributed to an increased understanding of the processes of female entrepreneurship as it related to how economic and socio cultural forces influence these processes. The findings indicated that the female entrepreneurship process becomes a combination of two processes: a person driven process and a response to environment process. Mentoring and coaching programs that assist women finding their path to entrepreneurship along with their own passions should be emphasized by local agencies. Although policy development was not the specific objective of this study, a number of issues have arisen that have implications both for future research and female entrepreneurship policies. For instance, in Brazil, higher taxes and the high cost of starting a business were perceived by the women as barriers to their businesses. It is suggested that Brazilian authorities and legislators continue with their efforts to streamline the business start process by introducing innovative and cost effective ways to formalize a business.

Figuerolles est le nom d’un quartier de la ville de Montpellier, une ville qui est le chef-lieu de la Région Languedoc-Roussillon et du département de l'Hérault, en France. La thèse qui y est consacrée s’articule autour de trois axes : sa dimension historique, car il n’y a de vrai développement qu’à partir d’une bonne connaissance de ce que nous sommes, ensuite tout ce qui a trait aux anecdotes, rappelant ainsi qu’il y a, comme le dirait Edgar Morin, une dialogie, c’est-à-dire un va et vient constant entre les archétypes fondateurs et les stéréotypes vécus dans la vie courante. Enfin, les descriptions de figures emblématiques, véritables totems, autour desquels on s’agrège, et qui ainsi constituent véritablement ce qui est un idéal communautaire. Au travers de ces trois points : histoire, figures, anecdotes, il s’agit de montrer comment le bien et le mal, la lumière et les ténèbres, le matériel et le spirituel sont mêlés en un réel tout à la fois complexe et fécond, régi par le hasard et la nécessité. La manifestation la plus évidente d’une telle complétude étant l’étonnante tolérance entre « ceuxqui croyaient au ciel et ceux qui n’y croyaient pas », vivant en un même lieu. N’oublions pas que le lieu fait lien… La signification affective du « quartier » souligne bien l’importance de l’espace que « je » partage avec d’autres, espace où la diversité des orientations sexuelles, la pluralité des représentations idéologiques, la multiplicité des tenues vestimentaires, la théâtralisation corporelle et la variété des goûts divers s’inscrivent dans l’ordre des choses. Tout et son contraire ont leur place, confirmant bien ainsi qu’« il faut de tout pour faire un monde ». / Figuerolles is the name of a district of the city of Montpellier, a city which is the capital of the Languedoc-Roussillon and the department of Hérault, France. This thesis is devoted to this district, and revolves around three axes : its historical dimension, because there can be no real development without a good understanding of what we are ; secondly, everything that relates to stories, reminding ourselves that there is, to paraphrase Edgar Morin, a dialogy, that is to say a constant back and forth between founders archetypes and stereotypes experienced in everyday life. Thirdly, descriptions of iconic figures, real totems around which we collect, and thus which constitute an ideal community. Through these three points : history, figures, anecdotes, we show how good and evil, light and darkness, the material and the spiritual are involved in a real context all at once complex and fruitful governed by chance and necessity. The most obvious manifestation of such completeness being amazing tolerance between "those who believe in heaven and those who do not believe," living in the same place. Do not forget that the place links... The affective meaning of "neighbourhood" underscores the importance of space as "I" shares with others, space where the diversity of sexual orientations, the plurality of ideological representations, multiple outfits, corporal dramatisation and the variety of different tastes fall into the order of things. Everything and its opposite have their place, clearly confirming that “it takes all kinds to make a world."

55 10 Abstract Controversial Issues of Necessary Defence in Case Law In this thesis I focus on the problematic issues of necessary defence (self- defence) both from the point of view of case law (where available) and law theory (in areas that have yet to be decided by courts). The second chapter describes the position of necessary defence in the systematic of Czech criminal law and defines the legal institute of necessary defence itself. Necessary defence is one of circumstances that exclude criminal liability (excuses and justifications). The substance of necessary defence is the repulsion of an imminent or pending attack on interests protected by the Criminal Code. The attack must be unlawful and harmful to the interests of society. The action of the defender must not be utterly apparently inadequate to the manner of the attack. Also the action of the defender must be intensive enough to otherwise constitute a crime. The third chapter addresses the issues of basic components of necessary defence, that is, the attack and the defensive action. The harmfulness of an attack must be at least discernible. In regards to the unlawfulness of an attack, the criterion is objective unlawfulness, that is, behaviour is unlawful if it unduly threatens interests of others, without taking into consideration of the...

UNIVERZITA KARLOVA V PRAZE Právnická fakulta Katedra trestního práva POJEM A PRÁVNÍ DŮSLEDKY PŘEKROČENÍ MEZÍ NUTNÉ OBRANY A KRAJNÍ NOUZE Diplomová práce Martin Lang Vedoucí diplomové práce: Doc. JUDr. Jiří Herczeg, Ph.D. Praha, prosinec 2010 2 Prohlašuji, že jsem tuto diplomovou práci vypracoval samostatně, všechny použité prameny a literatura byly řádně citovány a práce nebyla využita k získání jiného nebo stejného titulu. V Praze dne 13. prosince 2010 Martin Lang 3 Poděkování Děkuji panu Doc. JUDr. Jiří Herczegovi, Ph.D., vedoucímu mé diplomové práce, za připomínky a pomoc při jejím zpracování. 4 Obsah Obsah ...................................................................................................................................4 Úvod.....................................................................................................................................5 1. Okolnosti vylučující protiprávnost v českém právním řádu .................................7 1.1 Podstata nutné obrany a krajní nouze ............................................................................8 1.2 Ústavněprávní aspekty................................................................................................10 1.3 Správněprávní...

1 Abstract THE CONCEPT AND LEGAL CONSEQUENCES OF THE TRANSGRESSION OF THE LIMITS OF SELF-DEFENCE AND NECESSITY As the name suggests, this Master's thesis examines the concept and legal consequences of transgression of the limits of self-defence and necessity. Self-defence and necessity, together with other circumstances excluding illegality, belong to the fundamentals of criminal liability. If all their conditions are fulfilled by some action, which would otherwise give raise to criminal liability, then these legal institutions exclude not only criminal liability, but also illegality of such action (i.e. such action is considered lawful). The purpose of the paper is to provide complex and understandable analysis of these two crucial legal institutions. The analysis is mainly focused on conditions of these legal institutions, which form their limits; determination of conditions which, if not met, constitute the transgression of the limits of self-defence or necessity, and content and cases of fulfilment or failure to fulfil these conditions. (Thus, the cases of the transgression of the limits of self-defence and necessity are examined.) After the analysis of such excesses, the thesis addresses specific issues connected with their legal consequences. The thesis is based on Czech legal regulation, namely the...

The thesis addresses the analysis and comparison of individual elements of defenses under Czech and German criminal legal statutes with respect to the conclusions, which are therefrom drawn in theory and practice. The aim of the thesis was to render overview concerning the distinctions in the defenses, provided that these are based on common reasoning, are generally acknowledged and theoretically elaborated, rather than to present an exhaustive commentary on all legal institutes which exclude illegality and as such come into mind. The fact that the defenses are mutually close in their character and meaning within both legal systems was a major prerequisite for the thesis. The thesis analyses the distinctions with regard to the individual preconditions of separate defenses. These distinctions are not limited only to the extent of the wording of a legal statute, they also greatly manifest in professional literature and case law. Owing to the brief and abstract nature of the respective provisions the courts and theorists developed large quantities of principles and rules which precise and sometimes even amend these provisions. The subject has been processed under consideration of the present-day legal regulation, the topics of origin and development of defenses has intentionally not been discussed....

The topic of this diploma thesis is the concept and legal consequences of excessive self-defence and necessity. The aim of the thesis is to introduce and describe the conditions of using these defences and to focus on issues of case law in connection with them. Criminal law is an essential part of everyday life. This diploma thesis focuses on analysis of all conditions imposed by Czech legislation as well as Irish legislation. It is composed of seven chapters and each chapter deals with different issues. The first chapter is an introduction to the whole thesis: it sets out aims and the methods used for achieving them. The second chapter deals with the definition of the concept of justification with the basic features of these circumstances and highlights the basic foundations for behaviour under self-defence or necessity. The third chapter is fully devoted to regulation of necessity, focusing on its basic conditions. Each condition is explained and described separately with references to the case law. One part of this chapter deals with the excess in behaviour under necessity and the following solutions in criminal trial. The fourth chapter deals with the concept of self-defence in the Czech Republic, defining it and analysing its basic conditions. Examples from the case are discussed and analysed...

What is the relationship between judging something as good and being motivated to acton this judgment? Motivational internalism is the thesis that there is a necessaryconnection between moral judgments and motivation. Externalists typically believe that ajudgment-independent desire is needed for the moral judgment to be motivating. Tobridge the gap between internalism and externalism, a few philosophers have appealed totheories of identification-based moral judgments. This implies that although moraljudgments may not be necessarily motivating in general, it could be possible to define acertain kind of identification-based moral judgment that is necessarily motivating. HereinI will examine the role identification plays for moral motivation. I will first analyse anargument that uses an identification-incompatible moral judgment to show thatinternalism is false. I will argue that this argument is unconvincing and that identificationdoes not preclude identification-incompatible moral judgments from being motivating.The identification-based argument hence does not support that internalism is false.Second, I will argue that identification can provide the motivational force needed to makecertain identity-based moral judgments necessarily motivating. This identification-basedaccount does however, I will argue, not support internalism. Despite presenting a kind ofmoral judgment that is necessarily motivating, it is an externalist account of theconnection between moral judgments and motivation since a judgment-independentdesire is a necessary source of its motivational force.

A ciência (episteme) é entendida por Aristóteles como um conhecimento demonstrativo, isto é, um tipo de saber que pode ser expressado por um discurso (logos) dedutivo fundado em premissas necessárias. No entanto, a demonstrabilidade que caracteriza a ciência não se atribui a seus princípios. Segundo Aristóteles, seria impossível demonstrar absolutamente tudo, pois assim se cairia em uma demonstração infinita e, portanto, tampouco haveria demonstração. Os primeiros princípios das ciências são apreendidos pela inteligência (noûs), a partir de resultados alcançados por indução (epagogé), que é a passagem de particulares a universais. Começando por uma análise dos aspectos formais da ciência, esta tese investiga os diversos sentidos e traços dos processos indutivos, procurando mostrar como eles e outros instrumentos do pensamento podem propiciar conhecimentos seguros que garantam a necessidade do conhecimento científico e de suas demonstrações. / Science (episteme) is understood by Aristotle as a demonstrative knowledge, i.e. a kind of knowledge that can be expressed by a deductive discourse (logos) based on necessary premisses. However, the demonstrability that characterizes science does not apply to its principles. According to Aristotle, it would be impossible to demonstrate everything, since thus we would fall into an infinite demonstration and, therefore, there would be no demonstration at all. First principles of science are grasped by intelligence (noûs), based upon the results achieved by induction (epagogé), which is the proceeding from particulars up to universals. Starting with an analysis of the formal aspects of science, this thesis investigates the various senses and aspects of inductive processes, trying to show how they and other instruments of thought can provide a safe knowledge that ensures the necessity of scientific knowledge and its demonstrations.

O escopo desta pesquisa de doutorado é examinar a relação entre a doutrina hobbesiana da causalidade e o princípio de razão suficiente em Leibniz, assinalando a aproximação e o distanciamento entre um e outro. Se, por um lado, o filósofo alemão é claramente influenciado por Hobbes na formulação de seu princípio, por outro, é por meio desse próprio princípio que ele critica alguns dos aspectos mais decisivos da filosofia de Hobbes, como o seu materialismo, necessitarismo, bem como a sua concepção de justiça divina e a sua tese de que Deus não pode ser conhecido pela luz natural. Em alguns textos de sua juventude, Leibniz prova que nada é sem razão pela identificação da razão suficiente com a totalidade dos requisitos, demonstração que praticamente reproduz aquela pela qual Hobbes defende que todo efeito tem a sua causa necessária. Entretanto, em oposição a Hobbes, que reduz a realidade a corpos em movimento, Leibniz utilizará o conceito de razão suficiente para demonstrar que somente um princípio incorporal pode dotar os corpos com movimento. É igualmente por meio do princípio de razão suficiente e da sua distinção em relação ao princípio de contradição que Leibniz defende que os eventos no mundo não são absolutamente necessários, mas contingentes. Por fim, é utilizando-se deste princípio que o autor da Teodiceia argumentará que Deus pode ser conhecido pela razão natural e que a justiça divina consiste na sua bondade guiada pela sua sabedoria, em contraste com a definição hobbesiana de justiça fundamentada no poder. Assim, se Leibniz se apropria de certos elementos da doutrina hobbesiana da causalidade é para submeter a causalidade eficiente e mecânica que é defendida pelo inglês a uma determinação essencialmente teleológica da realidade. / The aim of this thesis is to examine the relationship between the Hobbesian doctrine of causality and the principle of sufficient reason in Leibniz, indicating the closeness and distance between them. If, on the one hand, the German philosopher is clearly influenced by Hobbes in the formulation of his principle, on the other hand is through this very principle that he criticizes some of the most decisive aspects of the philosophy of Hobbes, as his materialism, necessitarianism, as well his conception of divine justice and his thesis that God can not be known by natural light. In some texts of his youth, Leibniz proves that nothing is without reason by means of the identification of the sufficient reason with the totality of all requisites, demonstration that almost reproduces that one by which Hobbes argues that every effect has a necessary cause. However, in opposition to Hobbes, that reduces the reality to bodies in motion, Leibniz uses the concept of sufficient reason to demonstrate that only an incorporeal principle can provide body with movement. It is also through the principle of sufficient reason and its distinction from the principle of contradiction that Leibniz argues that events in the world are not absolutely necessary, but contingent. Finally, it is using this principle that the author of the Theodicy argues that God can be known by natural reason and that divine justice consists in his goodness guided by wisdom, in contrast to the Hobbesian definition of justice based on power. So, if Leibniz appropriates certain elements of the Hobbesian doctrine of causation is in order to submit the mechanical efficient causality defended by Hobbes to an essentially teleological determination of the reality.