Liezl van Zyl

Agent-based accounts of virtue ethics, such as the one provided by Michael Slote, base the rightness of action in the motive from which it proceeds. A frequent objection to agent-basing is that it does not allow us to draw the commonsense distinction between doing the right thing and doing it for the right reasons, that is, between act-evaluation and agent-appraisal. I defend agent-basing against this objection, but argue that a more fundamental problem for this account is its apparent failure to provide adequate argue action guidance. I then show that this problem can be solved by supplementing an agent-based criterion of right action with a hypothetical-agent criterion of action guidance

Reproductive techniques and practices, ranging from ordinary birth-control measures and artificial insemination to embryo transfer and surrogate motherhood, have greatly enhanced our range of reproductive choices. As a consequence, they pose a number of difficult moral and legal questions with regard to the formation of a family and our conception of parenthood. A view that is becoming increasingly common is that parental rights and responsibilities should not be based on genetic relationships but should instead be seen as arising from agreements or contracts between individuals. Accordingly, a man who consents to his wife's artificial insemination by donor (AID) and not the sperm donor, is the legal father of the child; in surrogacy agreements, the intending mother, and not the surrogate, has the right to raise the resulting child. While agreeing that biology should not form the basis for assigning legal parenthood, I argue that the theory of intentional parenthood, despite being put forward as a liberal theory, is geared toward or will have the function of protecting the nuclear family and inhibiting the formation of alternative family forms

Surrogate motherhood is treated as a form of adoption in many countries: the birth mother and her partner are presumed to be the parents of the child, while the intended parents have to adopt the baby once it is born. Other than compensation for expenses related to the pregnancy, payment to surrogates is not permitted. We believe that the failure to compensate surrogate mothers for their labour as well as the significant risks they undertake is both unfair and exploitative. We accept that introducing payment for surrogates would create a significant tension in the adoption model. However, we recommend rejecting the adoption model altogether rather than continuing to prohibit compensation to surrogates

It has become common to distinguish between altruistic and commercial contract motherhood (or ‘surrogacy’). Altruistic arrangements are based on the ‘gift relationship’: a woman is motivated by altruism to have a baby for an infertile couple, who are free to reciprocate as they see fit. By contrast, in commercial arrangements both parties are motivated by personal gain to enter a legally enforceable agreement, which stipulates that the contract mother or ‘surrogate’ is to bear a child for the intending parents in exchange for a fee. She is required to undergo medical examinations and to refrain from behaviour that could harm the foetus. The intending parents are the child's legal parents from the outset. The parties to the contract can, but are not expected to, maintain contact after the transaction is completed. We argue that contract motherhood should not be organized according to the norms of the gift relationship, and that contract mothers should be compensated for their labour. However, we accept that there are good reasons for rejecting the commercial model as a suitable framework for contract pregnancy, and argue, instead, in favour of viewing it as a profession

In Morals from Motives (2001) Michael Slote puts forward an agent-based virtue ethics that purports to derive an account of deontic terms from aretaic evaluations of motives or character traits. In this view, an action is right if and only if it proceeds from a good or virtuous motive or at least does not come from a bad motive, and wrong if it comes from a bad motive. I argue that Slote does not provide an account of right action at all, that is, if ‘right action’ is understood in the strict deontic sense of an act that is either permissible or obligatory. An examination of Slote’s treatment of the problem of moral luck shows that he presupposes a conceptual link between what is morally wrong and what is blameworthy. I conclude by suggesting that agent-based virtue ethics may do better as an attempt to eliminate deontic notions altogether.

In this paper I outline a motive-based virtue account of right action, according to which an action is right if it expresses or exhibits virtuous motive, and which defines virtue in terms of human flourishing. I indicate how this account allows us to deal with the problem of consequential luck. By applying this account to the question of whether it is ever morally right or accept able to assist in someone's death, I demonstrate how it also allows us to deal with the problem of circumstantial luck, which arises when an agent finds himself in a situation where he is forced to choose between two reprehensible acts. S. Afr. J. Philos. Vol.23(1) 2004: 20–33