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  1. Federalism as an institutional doctrine.Michael Da Silva - 2023 - Journal of Social Philosophy 55 (1):81-105.
    Journal of Social Philosophy, EarlyView.
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  2.  34
    Federalism: Contemporary political philosophy issues.Michael Da Silva - 2022 - Philosophy Compass 17 (4):e12820.
    Philosophy Compass, Volume 17, Issue 4, April 2022.
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  3.  23
    COVID-19 and Health-Related Authority Allocation Puzzles.Michael da Silva - 2021 - Cambridge Quarterly of Healthcare Ethics 30 (1):25-36.
    COVID-19-related controversies concerning the allocation of scarce resources, travel restrictions, and physical distancing norms each raise a foundational question: How should authority, and thus responsibility, over healthcare and public health law and policy be allocated? Each controversy raises principles that support claims by traditional wielders of authority in “federal” countries, like federal and state governments, and less traditional entities, like cities and sub-state nations. No existing principle divides “healthcare and public law and policy” into units that can be allocated in (...)
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  4.  16
    From moral rights to legal rights? Lessons from healthcare contexts.Michael Da Silva - 2024 - Developing World Bioethics 24 (1):21-30.
    Many believe the existence of a moral right to some good should lead to recognition of a corresponding legal right to that good. If, for instance, there is a moral right to healthcare, it is natural to believe countries should recognize a legal right to healthcare. This article demonstrates that justifying legal rights to healthcare is more difficult than many assume. The existence of a moral right is insufficient to justify recognition of a corresponding justiciable constitutional right. Further conditions on (...)
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  5.  16
    Morality and Access to Essential Medicines: Pairing the Theoretical and Practical.Michael Da Silva & Andreas Albertsen - 2024 - Developing World Bioethics 24 (1):3-5.
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  6.  28
    Correlativity and the Case Against a Common Presumption About the Structure of Rights.Michael Da Silva - 2020 - Journal of Value Inquiry 54 (2):289-307.
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  7.  36
    Explainability, Public Reason, and Medical Artificial Intelligence.Michael Da Silva - 2023 - Ethical Theory and Moral Practice 26 (5):743-762.
    The contention that medical artificial intelligence (AI) should be ‘explainable’ is widespread in contemporary philosophy and in legal and best practice documents. Yet critics argue that ‘explainability’ is not a stable concept; non-explainable AI is often more accurate; mechanisms intended to improve explainability do not improve understanding and introduce new epistemic concerns; and explainability requirements are ad hoc where human medical decision-making is often opaque. A recent ‘political response’ to these issues contends that AI used in high-stakes scenarios, including medical (...)
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  8.  7
    Paediatric Physician–Researchers: Coping With Tensions in Dual Accountability.Katherine Boydell, Randi Zlotnik Shaul, Lori D'Agincourt–Canning, Michael Da Silva, Christy Simpson, Christine D. Czoli, Natalie Rashkovan, Celine C. Kim, Alex V. Levin & Rayfel Schneider - 2012 - Narrative Inquiry in Bioethics 2 (3):213-221.
    Potential conflicts between the roles of physicians and researchers have been described at the theoretical level in the bioethics literature (Czoli, et al., 2011). Physicians and researchers are generally in mutually distinct roles, responsible for patients and participants respectively. With increasing emphasis on integration of research into clinical settings, however, the role divide is sometimes unclear. Consequently, physician–researchers must consider and negotiate salient ethical differences between clinical– and research–based obligations (Miller et al, 1998). This paper explores the subjective experiences and (...)
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  9.  22
    A Canadian Perspective on a Child’s Consent to Research within a Context of Family-Centered Care: From Incompatibility to Synergy.Linda Sheahan & Michael Da Silva - 2012 - Journal of Clinical Research and Bioethics 3 (1).
  10.  23
    Autonomous Artificial Intelligence and Liability: a Comment on List.Michael Da Silva - 2022 - Philosophy and Technology 35 (2):1-6.
    Christian List argues that responsibility gaps created by viewing artificial intelligence as intentional agents are problematic enough that regulators should only permit the use of autonomous AI in high-stakes settings where AI is designed to be moral or a liability transfer agreement will fill any gaps. This work challenges List’s proposed condition. A requirement for “moral” AI is too onerous given technical challenges and other ways to check AI quality. Moreover, transfer agreements only plausibly fill responsibility gaps by applying independently (...)
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  11.  89
    Accountability and pediatric physician-researchers: are theoretical models compatible with Canadian lived experience?Christine Czoli, Michael Da Silva, Randi Zlotnik Shaul, Lori D'Agincourt-Canning, Christy Simpson, Katherine Boydell, Natalie Rashkovan & Sharon Vanin - 2011 - Philosophy, Ethics, and Humanities in Medicine 6:15.
    Physician-researchers are bound by professional obligations stemming from both the role of the physician and the role of the researcher. Currently, the dominant models for understanding the relationship between physician-researchers' clinical duties and research duties fit into three categories: the similarity position, the difference position and the middle ground. The law may be said to offer a fourth.
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  12.  4
    Correction to: Autonomous Artificial Intelligence and Liability: a Comment on List.Michael Da Silva - 2022 - Philosophy and Technology 35 (3):1-1.
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  13.  18
    Developing a Capped Model for Combining Ideals.Michael Da Silva - 2019 - Philosophia 47 (1):59-73.
    This work motivates the Combined Model for Combining Ideals, which Larry Temkin introduces in “sketch” form in Rethinking the Good, and goes on to begin filling in the details of the sketch. It argues that the Combined Model for Combining Ideals is most plausible when there are upper and lower caps on the extent to which an ideal can add to or subtract from the overall goodness of an outcome, but the caps for different values can and should differ.
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  14.  21
    Dual-Role Research and Consent by Unique Specialists.Michael Da Silva, Randi Zlotnik Shaul, Christy Simpson & Katherine Boydell - 2019 - American Journal of Bioethics 19 (4):46-48.
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  15.  19
    Formalising formalism: Weinrib, Aristotle, and the nature of private law.Michael Da Silva - 2018 - Jurisprudence 9 (3):486-503.
    ABSTRACTErnest Weinrib claims that the purpose of private law is to correct injustices between private parties and the use of private laws for consequentialist ends is a distortion. Weinrib’s primary argument highlights the distinctiveness of corrective justice and distributive justice. Weinrib claims to have an Aristotelian proof for their distinctiveness, but formalisation of and commentary on this aspect of his argument are lacking. This piece fills that gap in the literature. It provides purposely and strategically simple formal models of the (...)
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  16.  18
    Health Rights: Individual. Collective. ‘National?’.Michael Da Silva & Daniel Weinstock - 2021 - Bioethics 35 (8):721-724.
  17.  24
    Individual and ‘national’ healthcare rights: Analysing the potential conflicts.Michael Da Silva - 2021 - Bioethics 35 (8):734-743.
    Individual rights to healthcare (RTHCs) are increasingly common in law. Yet even plausible theoretical defences thereof raise a classic problem in the philosophy of rights: How do individual rights relate to ‘collective’ rights within the same domain? Collective rights are common in international law and in the domestic laws of states that recognize RTHCs. These collective rights often include health‐related components. There are at least prima facie plausible reasons to think that such collective ‘health rights’ should exist. A complete account (...)
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  18.  56
    KK and the Knowledge Norm of Action.Michael Da Silva - 2014 - Logos and Episteme 5 (3):321-331.
    This piece examines the purported explanatory and normative role of knowledge in Timothy Williamson‘s account of intentional action and suggests that it isin tension with his argument against the luminosity of knowledge. Only iterable knowledge can serve as the norm for action capable of explaining both why people with knowledge act differently than those with mere beliefs and why only those who act on the basis of knowledge-desire pairs are responsible actors.
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  19.  10
    No Title available: Dialogue.Michael Da Silva - 2012 - Dialogue 51 (3):531-534.
    Book Reviews MICHAEL DA SILVA, Dialogue: Canadian Philosophical Review/Revue canadienne de philosophie, FirstView Article.
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  20.  22
    On Barbara Baum Levenbook’s “Harming Someone after His Death”.Michael Da Silva - 2015 - Ethics 125 (4):1160-1163.
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  21.  52
    Offsetting the harms of extinction.Michael Da Silva - 2015 - Law, Ethics and Philosophy 3:8-29.
    Many people assume that the extinction of humanity would be a bad thing. This article scrutinizes this apparent badness and demonstrates that on most plausible consequentialist frameworks, the extinction of humanity is not necessarily bad. The best accounts of the badness of the extinction of humanity focus on the loss of potential utility, but this loss can be offset if it is the result of sufficiently large gains by the present generation. Plausible means of calculating the goodness of outcomes accordingly (...)
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  22.  13
    Public Reason and the Need to Identify State-Relevant Desert.Michael Da Silva - 2014 - Criminal Justice Ethics 33 (2):129-154.
    Plausible retributivist justifications for punishment assert that the commission of a moral wrong creates a pro tanto reason to punish the person who committed it. Yet there are good case-based and theoretical reasons to believe that not all moral wrongs are the proper subjects of criminal law or that they are within the proper domain of the state. This article provides these reasons, which suggest that a plausible retributivist justification for punishment must make distinctions between state-relevant and non-state-relevant moral wrongs (...)
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  23. Quantifying Desert Prior to the Rightful Condition: Towards a Theoretical Understanding of the Provocation Defence.Michael Da Silva - 2013 - Canadian Journal of Law and Jurisprudence 26 (1):49-82.
    The provocation defence, which militates against full legal responsibility for unjustified killings in several common law jurisdictions, has been the subject of considerable controversy during recent decades. Much of the criticism focused on substantive legal issues. This article examines the philosophical bases for the defence in hopes of establishing a theoretical groundwork for future debate on the legal defence. The defence originated on desert bases and continues to be understood on those grounds. This article thus examines it in light of (...)
     
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  24.  13
    Review Essay: The Case for ‘Moderate Nationalism’.Michael Da Silva - 2020 - Res Publica 26 (4):597-605.
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  25.  6
    Subsidiarity and the Allocation of Governmental Powers.Michael Da Silva - 2023 - Canadian Journal of Law and Jurisprudence 36 (1):83-111.
    Every country must allocate final decision-making authority over different issues/subjects within its boundaries. Historically, many scholars working on this topic implicitly assumed that identifying the features providing entities with justified claims for authority and the entities possessing those features would also identify which groups should have which powers (or vice versa). However, many candidate allocative principles select multiple entities as candidates for some sub-state authority and yet fail to explain which powers each should possess. Further work must explain which groups (...)
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  26.  9
    Teaching and Learning Guide for: Federalism: Contemporary political philosophy issues.Michael Da Silva - 2022 - Philosophy Compass 17 (6):e12834.
    Philosophy Compass, Volume 17, Issue 6, June 2022.
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  27.  26
    The Complex Structure of Health Rights.Michael Da Silva - 2020 - Public Health Ethics 13 (1):99-110.
    Research on how to understand legally recognized socio-economic rights produced many insights into the nature of rights. Legally recognized rights to health and, by extension, health care could contribute to health justice. Yet a tension remains between widespread international and transnational constitutional recognition of rights to health and health care and compelling normative conditions for rights recognition from both philosophers seeking to identify the scope and structure of the rights and policy scholars seeking to understand how to practically realize such (...)
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  28.  24
    The Potential Value of the U.N. Convention on the Rights of the Child in Pediatric Bioethics Settings.Michael Da Silva, Cheryl D. Lew, Laura Lundy, Kellie R. Lang, Irene Melamed & Randi Zlotnik Shaul - 2015 - Perspectives in Biology and Medicine 58 (3):290-305.
    In this article, we examine how the U.N. Convention on the Rights of the Child can be useful in pediatric bioethics. Adopted in 1989, the CRC reflects norms that have been deliberated upon for a long period of time and endorsed by most nations. The United States is now the only country that has not ratified the CRC.1 International human rights law shares many key moral concepts with clinical pediatric bioethics, and the CRC provides a considered language common to many (...)
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  29.  17
    The Role of Defenders’ Beliefs in Aggressors’ Forfeiture of Rights against Self‐Defensive Force.Michael Da Silva - 2016 - Ratio Juris 29 (2):264-279.
  30.  21
    The Traces Left Behind.Michael Da Silva - 2021 - Social Theory and Practice 47 (1):63-89.
    Fulfilling one’s all-things-considered duty sometimes requires violating pro tanto duties. According to W. D. Ross and Robert Nozick, the pro tanto-duty-violating, wrong-making features of acts in these cases can leave ‘traces’ of wrongfulness that require specific responses: feeling compunction for the wrongfulness and/or providing compensation to the negatively affected person. Failure to respond in the appropriate way to lingering wrong-making features can itself be wrongful. Unfortunately, criteria for determining when traces remain are largely lacking. In this piece, I argue for (...)
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  31.  22
    Out the Door: A Short History of the University of Toronto Collection of Historical Scientific Instruments.Erich Weidenhammer & Michael Da Silva - 2010 - Spontaneous Generations 4 (1):255-261.
    Since the late 1970s, various attempts have been made to organize the scientific instruments used in research carried out at the University of Toronto into a catalogued, protected, and accessible collection. Unlike other major research universities with which Toronto compares itself, such as Harvard, Yale, Oxford and Cambridge, to name only a few, these efforts have not been successful. The failure to implement even a modest campus-wide program to safeguard the university's material heritage has had unfortunate consequences. Nevertheless, a great (...)
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  32.  17
    Assisted Death: A Study in Law and Ethics L.W. Sumner Oxford: Oxford University Press, 2011; 248 pp.; $65.00. [REVIEW]Michael da Silva - 2012 - Dialogue 51 (3):531-534.
    Book Reviews MICHAEL DA SILVA, Dialogue: Canadian Philosophical Review/Revue canadienne de philosophie, FirstView Article.
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  33.  18
    Nicole Hassoun: Global Health Impact: Extending Access to Essential Medicines, 2020. [REVIEW]Michael Da Silva - 2021 - Ethical Theory and Moral Practice 24 (1):419-421.
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  34.  2
    Responses to the Enlightenment: An Exchange on Foundations, Faith, and Community. [REVIEW]Michael Da Silva - 2013 - Maritain Studies/Etudes Maritainiennes 29:90-94.
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