<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>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.</p>
</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.

Response to Hewitt on Abortion

Studia Humana

This work is licensed under the Creative Commons Attribution 4.0 International License.

{"article-title":"Response to Hewitt on Abortion"}

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...

Response to Hewitt on Abortion

Published Online: Dec 16, 2023

Page range: 23 - 33

DOI: https://doi.org/10.2478/sh-2023-0018

Keywords
Abortion, property rights, trespass, eviction

© 2023 Walter E. Block, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Response to Hewitt on Abortion

Published Online: Dec 16, 2023

Page range: 23 - 33

DOI: https://doi.org/10.2478/sh-2023-0018

KeywordsAbortion, property rights, trespass, eviction

© 2023 Walter E. Block, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Keywords
Abortion, property rights, trespass, eviction