If abortion substantially risks homicide, it should be illegal

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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Publication Details

Journal
Metamedicine
Published
2025-12-10
DOI
https://doi.org/10.1007/s11017-025-09737-y
Primary Topic
Reproductive Health and Technologies
Type
article
Field-Weighted Citation Impact
0.00
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article

If abortion substantially risks homicide, it should be illegal

Matthew Braddock
Metamedicine
Reproductive Health and Technologies
article

If abortion substantially risks homicide, it should be illegal

Matthew Braddock
article en

Abstract

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.

MetamedicineVol. 47(1)
University of Tennessee at Martin (US)
Openalex Percentile: Top 49%
Reproductive Health and Technologies
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