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Recherche sur la substitution en droit administratif francais / Research on substitution in french administrative lawClouzot, Ludivine 10 December 2010 (has links)
La substitution apparaît, en droit administratif français, comme une notion autonome dont l'existence fait débat. Emergeant au terme d'une démarche pointilleuse, la substitution peut être identifiée au moyen de deux critères, la carence et la volonté. Ce préalable indispensable permet de déterminer la teneur de la substitution et implique, subséquemment, de rejeter une acception étirée de la notion pour s'ouvrir à une signification resserrée mais non moins riche. Incontestablement, la recherche atteste de la diversité, non-dirimante, de l'objet d'étude. Transcendant l'observation dérangeante de cette complexité, la substitution révèle une convergence fonctionnelle déterminante. Pourtant, l'hétérogénéité apparente de l'objet d'étude conduit au constat selon lequel cette convergence est intrinsèquement dissimulée. En tout état de cause, une analyse renouvelée aboutit à la révélation progressive de cette cohérence. Si la réflexion historique permet d'expliquer et de dépasser la méfiance nourrie à l'égard de la substitution, cette étape n'est qu'une esquisse, la systématisation trouvant sa confirmation dans une justification finaliste. / In french administrative law, substitution appears as an independent notion which has been debated for a long time. Rising from a pernickety approach, substitution may be identified by two criteria : deficiency and will. This mandatory preamble helps define substitution's content and implies to reject a spread conception of the notion in order to result in a tighten and substantial meaning. Research reveals indisputable duality within the subject's study. Piercing through its disturbing complexity, substitution shows a decisive functional abundance. The visible subject's diversity however leads to point that its abundance is inherently hidden. However, a renewed analysis leads to progressively reveal this unity. Although historical reflexion explains and surpasses distrust in substitution, this step is a sketch, the general analysis is confirmed by a final proof.
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Choice and Inevitability in Modelling an Organization's Future (How Management, depending on the Company's Organizational Context, can shape an Organization's Future with the use of Choice and/or the Reliance on Determinism)Tumidei, Daniele 05 1900 (has links)
The literature presents us with two distinct, and at times opposed, approaches to strategic management: the use of strategic choice and determinism.
This research shows that these approaches can actually be considered as two distinct variables, which create a space or framework in which it is possible to identify, according to the available different amounts of strategic choice and determinism, the four different ontological perspectives of determinism, hard incompatibilism, libertarianism and compatibilism.
According to the literature, within each ontological perspective of the strategic choice/determinism framework, companies use different levels of strategic choice and determinism to produce organizational outcomes.
This research provides empirical evidence of the real life existence of these ontological perspectives, in which companies’ performance of revenues is driven by a different amount of strategic choice or determinism according to the perspectives in which companies operate. This research also shows that other important performance indicators, such as EBITDA, depend only on deterministic variables, while ROA depends neither on strategic choice nor on deterministic variables.
These findings suggest that future research could increase our knowledge on the internal environment of companies, as it could do from the hard incompatibilist perspective, which was not possible to study thoroughly within this research.
The research conclusions provide several contributions to both academic knowledge and practice.
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Augustine's conversion from traditional free choice to "non-free free will" : a comprehensive methodologyWilson, Kenneth Mitchell January 2012 (has links)
This thesis will explore whether Augustine of Hippo altered his theological views and what influences might have precipitated the alleged modifications. Augustine’s early "De libero arbitrio" argued for an individual’s ability to respond freely to God while his later anti-Pelagian writings rejected any human ability to believe until God infuses grace creating belief as his gift. Does his theology exhibit continuity or discontinuity? Four commonplace assertions within Augustinian studies are questioned in this thesis: 1.) Augustine changed his theology in AD 396; 2.) while he was writing the letter to Bishop Simplicianus (Simpl.); 3.) with his transition occurring through reading scripture (Rom.7, 9;1 Cor.15); 4.) which he developed through merely modifying prevalent doctrines. No scholarly work has researched Augustine’s entire corpus from AD 386–430 specifically analyzing his theology in the five final doctrines of: 1.) God giving initial faith as a gift, 2.) inherited damnable reatus from Adam, 3.) the gift of perseverance, 4.) unilateral pre-determination of persons’s eternal destinies independently of foreknowledge, and 5.) God’s neither desiring nor providing for the salvation of all persons. Only a comprehensive methodological approach—reading systematically, chronologically, and comprehensively through his entire corpus—can legitimately demonstrate changes. Did a Patristic consensus exist regarding post-Adamic free choice? What was Augustine’s contribution to this theology? To what degree did the combination of Stoicism, Neoplatonism, and Manichaeism contribute to his liberum arbitrium captivatum? Chapters include an introduction followed by chapters on free choice versus determinism in the: 1.) ancient philosophical-religious world, 2.) Christian authors AD 95–215, 3.) Christian authors AD 216–430, 4.) Augustine’s works AD 386–395, 5.) Augustine’s works AD 396–411, 6.) Augustine’s works AD 412–426, 7.) Augustine’s works AD 427–430, 8.) sermons and epistles, 9.) Augustine’s exegesis of scripture, and 10.) conclusion. Conclusions will be established via extensive primary quotations and references with supporting secondary sources.
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Coleridge and Kant: Significant Parallels and Contrasts in Ethical and Religious IdeasCarr, Barbara C. 08 1900 (has links)
One notes that Kant's philosophy became a part of Coleridge's thinking, and his devotion to its principle intensified through the years. Although Kant influenced Coleridge's aesthetics greatly, significant parallels between Kant's moral and ethical principles and Coleridge's religious doctrines are evidence of distinct influence. Particularly interesting are the views these two men had on the being and nature of God; on sin, salvation, and redemption; and on the various aspects of religion and faith.
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Autonomie vůle v soukromém právu / Autonomy of will in private lawGlancová, Eliška January 2014 (has links)
The principle of autonomy of will is considered to be the crucial principle controlling all private relationships of human life. People in the sense of individuals of private law have opportunity to form their private relationships according to their free will thanks to the autonomy of will, even while within certain predetermined limits. The principle of autonomy of will is closely related to the principle of non-mandatory rule in private law and to the principle of equality, the principle of pacta sunt servanda and to the principle according to a person acts lawfully unless there is a legal rule prohibiting or curtailing that behaviour. The purpose of my thesis is to classify the term autonomy of will in its historical context and its definition in the context of other principles and institutions of private law. The importance of this principle is further illustrated by the specific expressions autonomy of will in our legal system. My thesis is composed of a general part and a special part. The general part is divided into three chapters. Chapter One deals with the historical appearance of autonomy of will from ancient times to modern history, ie from primary manifestations of autonomy of will in the contractual relationships of people to its international establishment. In the chapter Two of the...
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Dříve vyslovená přání v legislativě České republiky v komparaci s Australskou právní úpravou / Living will in the Czech Republic's legislation in comparison with Australian LegislationKocichová, Ondřejka January 2014 (has links)
The aim of this thesis is a detailed description and analysis of the institute advance directives/previously expressed wishes in the Czech Republic in comparison with the Australian legislation. This thesis deals with the Queenland's legislation and the legislation of the Northern Territory. The methods used in this thesis are analyzes of legal norms and comparison of specific law regulations. Introductory chapters are focused on the principle of patient's autonomy in the Czech Republic legislation and on the protection of the person's integrity. The thesis covers not only the rules contained in the Act. No. 89/2012 Coll., the Civil Code, but also mentions rules in the Act. No. 40/1964 Coll., the Civil Code. The next chapter is focused on different patient's rights, such as the right to life and be healthy, the right to self-determination and the right to dignity. In the second part, the author focuses on the institute of advance directives/previously expressed wishes. First within the international legal framework. This chapter also underlines negative opinions about advance directives/previously expressed wishes and points out the benefits of their use in practice. Next the author focuses on the Czech legal regulations. The author does not mention only the Health Services Act, but also not...
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Autonomie vůle v soukromém právu / Autonomy of will in private lawSchubertová, Zuzana January 2013 (has links)
68 Abstract The principle of autonomy of will is a fundamental principle of private law. It is impossible to imagine the functioning of private law without it. The principle is primarily based on the principles of equality and freedom, the key principles on which the foundations of a democratic legal system and free society are built. The aim of my thesis is to define the autonomy of will, compare the principle of autonomy of will with other fundamental doctrines and principles from which it arises and/or principles which are closely related to. I believe that most of the legal relationships based on private law are founded on the principle of autonomy of will, therefore, I decided to describe some of these institutes in more detail in my dissertation as well. The thesis is divided into a general part and a specific part. In the general part I deal predominantly with the inclusion of the principle of autonomy of will into the principles of private law. This part also contains some theoretical concepts and is closely linked to constitutional law, the Bill of Fundamental Rights and Freedoms and the principles on which the Civil Code is built. I further deal with the interpretation of certain terms, then the principle of autonomy of will itself and how it is perceived by several authors. In addition to that, I...
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Dobré mravy a veřejný pořádek jako limity autonomie vůle v občanském právu / Good morals and public order as the limits of the autonomy of will in civil lawVopěnková, Tereza January 2017 (has links)
1 Abstract This thesis deals with the principles of good morals and public order focusing on their role function as limits restricting the autonomy of the will. Although both principles are vague legal concepts, this thesis doesn't seek to define exactly not even cover all the practical possibilities of their application. The aim of the thesis was to bring the possible content of these principles and to highlight their importance in assessing the validity of legal actions or to specify further consequences of legal conduct, which would be contrary to these principles. The view on this topic is primarily from the Czech law perspective. On exemplary and a limited number of legal institutes, this thesis tries to capture the possibilities of using good manners and public order as correctives of autonomy of will. The thesis is divided into eight chapters. The theme of the first chapter is the principle of autonomy of the will and its position in the Czech legal order. Such introduction was begun for the purpose primarily for understanding the whole thesis and to highlight the importance of this principle for the functioning of a democratic society. The second chapter deals with the principle of good morals. Different opinions on the content of this term are closer specified. Furthermore, this section discusses...
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Lily Bart and Isabel Archer: Women Free to Choose Lifestyles or Victims of Fate?Braden, Heidi Elizabeth 04 August 2011 (has links)
This thesis argues that Isabel Archer of Henry James’s novel The Portrait of a Lady and Lily Bart of Edith Wharton’s novel The House of Mirth were nineteenth-century characters struggling to assert their social and sexual independence in a male dominated society. Although Isabel inherits a fortune that allegedly enables her to have more autonomy than Lily, both characters are negatively affected by their inability to conceive of their lives outside of social convention.
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Worlds WideBlanke, Will H, Jr. 17 May 2013 (has links)
Story of an alien who inhabits the body of middle-aged man George. Mission for Alien George is to convince a fertile, intelligent, attractive woman to move back with him to their planet to create a hybrid species. The major benefit for the woman is having the alien's elixir for her to live for thousands of years. George begins to feel human emotions for Connie, the young woman he initially picks. However, Connie is a lost drug addict who has no signs of a future. This does not appease George's alien guide. George must weigh his new human emotions with his almost eternal life with creating a new species. George is supposed to develop Connie's love to get back to his planet. But does love remain an idea aliens have studied or does George begin to feel what love feels like?
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