Law, Moral Rationality and Ideals: Modifying the Principle of Generic Consistency to Define Legal 'Ideals' as Part of Transparent Autonomy
Clayton Thompson, J. 2014. Law, Moral Rationality and Ideals: Modifying the Principle of Generic Consistency to Define Legal 'Ideals' as Part of Transparent Autonomy. Democracy, Rights & Reason(s). University of Westminster 13 Feb 2014
Clayton Thompson, J.
Olsen and Toddington argue that there is a logical connection between law and moral rationality - against the Positivist claim to autonomy (from morality) in legal systems – , as the justificatory basis for the law's continued legitimacy rests upon the transparency of autonomy. Although they effectively demonstrate that such a connection exists, we lack a concise explanation of how that connection might validly operate. This paper seeks not only to demonstrate that a necessary connection between law and moral rationality exists, but further that it is a dialectical necessity from the point of institutionalising practical reasoning. In developing this idea further I set out to use a modification of Gewirth's argument for the Principle of Generic Consistency to show that the inclusion of 'ideals' ('goods' for that system) are logically necessary for an agent to maintain his status as an agent following the institutionalisation of legal reasoning. That is, for legal systems to have authority over those subject to them, such systems must (necessarily) be premised on ideals which are transparent in its autonomous reasoning. By recognising this we are able better to comprehend Dworkin's 'Herculean' claims to the Integrity of law as a means of interpretation and justification.
Philosophy of Agency, Immanuel Kant, Legal positivism, Ronald Dworkin, Morality, Alan Gewirth, Concept of Law, Legal Positivism Vs Natural Law, Legal Idealism, and Principle of Generic Consistency
Democracy, Rights & Reason(s)
Dude Looks Like a Lady: Gender Deception, Consent and Ethics
Brooks, V. and Clayton Thompson, J. 2019. Dude Looks Like a Lady: Gender Deception, Consent and Ethics. Journal of Criminal Law. Advanced online publication. doi:10.1177/0022018319834373
All-or-Nothing: Mental Capacity, Autonomy and Consent
Clayton Thompson, J. All-or-Nothing: Mental Capacity, Autonomy and Consent. Second UK Mental Disability Law Conference. University of Nottingham 26 - 27 Jun 2018
Male Suicide, Masculinity and Vulnerability
Clayton Thompson, J. Male Suicide, Masculinity and Vulnerability. Second UK Mental Disability Law Conference. University of Nottingham 26 - 27 Jun 2018
The Rights Network: 100 Years of the Hohfeldian Rights Analytic
Clayton Thompson, J. 2018. The Rights Network: 100 Years of the Hohfeldian Rights Analytic. Laws. 7 (3). doi:10.3390/laws7030028
Clayton Thompson, J. 2018. The Rights Network: 100 Years of the Hohfeldian Rights Analytic. Preprints. doi:10.20944/preprints201807.0183.v1
All or Nothing: Capacity, Vulnerability and Autonomy
Clayton Thompson, J. 2018. All or Nothing: Capacity, Vulnerability and Autonomy. Socio-Legal Studies Association 2018. University of Bristol, UK 27 - 29 Mar 2018
Let's talk about sex: deception, ethics and consent
Clayton Thompson, J. and Brooks, V. 2018. Let's talk about sex: deception, ethics and consent. Socio-Legal Studies Association 2018. University of Bristol, UK 27 - 29 Mar 2018
All-or-Nothing: Capacity, Vulnerability and Autonomy
Clayton Thompson, J. 2017. All-or-Nothing: Capacity, Vulnerability and Autonomy. Westminster Law School Seminar Series. University of Westminster, London 30 - 30 Nov 2017
Law, Rights and Reproduction: Reproductive Autonomy in Ethical Rationalism
Clayton Thompson, J. 2016. Law, Rights and Reproduction: Reproductive Autonomy in Ethical Rationalism. PhD thesis University of Westminster Law
Task Competency in the Rights Analytic: Mental Health and the Justification for Rights and Duties
Clayton Thompson, J. 2016. Task Competency in the Rights Analytic: Mental Health and the Justification for Rights and Duties. Inaugural UK Mental Disability Law Conference. University of Nottingham, Nottingham 30 Jun - 01 Jul 2016
Rights, Rationality and Reproduction: Balancing Interests in the Abortion Debate
Clayton Thompson, J. 2016. Rights, Rationality and Reproduction: Balancing Interests in the Abortion Debate. Gender and Sexuality: Identities, Institutions, and Intersectionality. University of Westminster 13 May 2016
Avoiding Reproduction: Law, Rights and Morality
Clayton Thompson, J. 2016. Avoiding Reproduction: Law, Rights and Morality. Graduate School Assembly. University of Westminster 16 Mar 2016
Rationality, Autonomy, Reproduction
Clayton Thompson, J. 2015. Rationality, Autonomy, Reproduction. Law Doctoral Seminar Series 2015. University of Westminster 28 Oct 2015
You Can't Always Get What You Want: A Gewirthian Model of Rational Autonomy in Abortion
Clayton Thompson, J. 2015. You Can't Always Get What You Want: A Gewirthian Model of Rational Autonomy in Abortion. HEAL Seminar Series. University of Southampton 25 Nov 2015
Clayton Thompson, J. 2015. Rationality, Autonomy, Reproduction. LAW DOCTORAL SEMINAR SERIES 2015 . University of Westminster 28 Oct 2015
Revolt, Revolution and Evolution: Reimagining the Principle of Generic Consistency as a Device for Institutional Reform
Clayton Thompson, J. 2015. Revolt, Revolution and Evolution: Reimagining the Principle of Generic Consistency as a Device for Institutional Reform. University of Copenhagen Postgraduate Law Conference. Copenhagen, Denmark 29 Jan 2015
Transgender Freedom and the Law: A Liberal-Poststructural Discussion on McNally
Clayton Thompson, J. and Brooks, V. 2014. Transgender Freedom and the Law: A Liberal-Poststructural Discussion on McNally. Critical Legal Conference. University of Sussex 06 Sep 2014
You Should Never Look a Gift Horse in the Mouth: One-Size-Fits-All Compensation in Wrongful Conception
Clayton Thompson, J. 2012. You Should Never Look a Gift Horse in the Mouth: One-Size-Fits-All Compensation in Wrongful Conception. Westminster Law Review. 2 (1), pp. 73-96.
You Should Never Look a Gift Horse in the Mouth
Clayton Thompson, J. 2012. You Should Never Look a Gift Horse in the Mouth. Westminster Law Review. University of Westminster
Ethics and Loss of Chance in Medical Causation
Clayton Thompson, J. 2011. Ethics and Loss of Chance in Medical Causation. Globalising European Bioethics Education.
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