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<p>Is abortion homicide, the morally unjust killing of a person? Should it be illegal? There is widespread disagreement. However, there is a way through the impasse. It is not necessary to establish whether abortion <i>is</i> homicide, only whether it <i>substantially risks</i> homicide. If abortion presents this risk of harm, then lawmakers have a powerful reason to criminalize it. This paper defends <i>The Prevention Argument</i>: if abortion substantially risks committing homicide after 10 weeks’ gestation, then lawmakers should criminalize such abortions to prevent the foreseeable harm of mass homicide. Why 10 weeks? Because it is plausible that abortions after 10 weeks endanger an innocent person’s life and, if so, the harm preventive case for criminalizing them is strong. This argument deserves a hearing because it has a modest burden of proof and relies on accepted normative principles like the&#xa0;harm principle. It could also be extended to earlier abortions.</p>

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If abortion substantially risks homicide, it should be illegal

  • 期刊论文

  • 出版模式：

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  • 发表日期：

    2025年12月10日

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  • Matthew Braddock

摘要

Is abortion homicide, the morally unjust killing of a person? Should it be illegal? There is widespread disagreement. However, there is a way through the impasse. It is not necessary to establish whether abortion is homicide, only whether it substantially risks homicide. If abortion presents this risk of harm, then lawmakers have a powerful reason to criminalize it. This paper defends The Prevention Argument: if abortion substantially risks committing homicide after 10 weeks’ gestation, then lawmakers should criminalize such abortions to prevent the foreseeable harm of mass homicide. Why 10 weeks? Because it is plausible that abortions after 10 weeks endanger an innocent person’s life and, if so, the harm preventive case for criminalizing them is strong. This argument deserves a hearing because it has a modest burden of proof and relies on accepted normative principles like the harm principle. It could also be extended to earlier abortions.