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Michael Da Da Silva
University of Toronto
  1.  9
    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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  2.  61
    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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  3.  3
    COVID-19 and Health-Related Authority Allocation Puzzles.Michael da Silva - forthcoming - Cambridge Quarterly of Healthcare Ethics:1-12.
    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.  6
    Review Essay: The Case for ‘Moderate Nationalism’.Michael Da Silva - forthcoming - Res Publica:1-9.
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  5.  15
    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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  6.  14
    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).
  7.  35
    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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  8.  29
    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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  9.  10
    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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  10.  10
    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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  11.  10
    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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  12.  11
    The Role of Defenders’ Beliefs in Aggressors’ Forfeiture of Rights Against Self‐Defensive Force.Michael Da Silva - 2016 - Ratio Juris 29 (2):264-279.
  13.  7
    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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  14.  8
    On Barbara Baum Levenbook’s “Harming Someone After His Death”.Michael Da Silva - 2015 - Ethics 125 (4):1160-1163.
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  15.  15
    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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  16.  7
    Public Reason and the Need to Identify State-Relevant Desert.Michael Da Silva - 2014 - Criminal Justice Ethics 33 (2):129-154.
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  17.  2
    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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  18. 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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  19. 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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