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Open Access
|Dec 2023

Abstract

The defense argument in favor of abortion sees the fetus as an invader, a trespasser, someone against whom violence is justified, since this very young person (the fetus) has initiated violence against his mother. Hewitt [30] rejects this argument. The present paper maintains the justification of this defense argument. My perspective is based on the private property rights of the mother. She owns her person. It is as if her body is her house, and a trespasser has invaded it. Surely, she has the right to evict such a person. This analogy is relatively easy to see in the case of rape. The unwanted fetus, now occupying a part of her body is in effect a intruder. If she really owns her body, which I contend she certainly does, she has a right to expel this person from her property. I also argue that voluntary sexual intercourse does not constitution an “invitation” for the pre-born baby to occupy her premises for nine months.

Language: English
Page range: 23 - 33
Published on: Dec 16, 2023
Published by: University of Information Technology and Management in Rzeszow
In partnership with: Paradigm Publishing Services
Publication frequency: 4 times per year

© 2023 Walter E. Block, published by University of Information Technology and Management in Rzeszow
This work is licensed under the Creative Commons Attribution 4.0 License.