This paper reveals the risk of homicide linked to abortion, suggesting laws should criminalize it based on the harm principle.
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.
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Matthew Braddock (2025) studied this question.
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