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Evictionism is a moral theory advanced by Walter Block and Roy Whitehead on a proposed libertarian view of abortion based on property rights. This theory is built upon the earlier work of philosopher Murray Rothbard [1] who wrote that "no being has a right to live, unbidden, as a parasite within or upon some person's body" and that therefore the woman is entitled to eject the baby from her body at any time. [2] Evictionists view a woman's womb as her property and an unwanted fetus as a "trespasser or parasite", even while lacking the will to act. They argue that a pregnant woman has the right to evict a fetus from her body since she has no obligation to care for a trespasser. The authors' hope is that bystanders will "homestead" the right to care for evicted babies and reduce the number of human deaths. They argue that life begins at conception and state that the act of abortion must be conceptually separated into the acts of:
Building on the libertarian stand against trespass and murder, Block supports a right to the first act (eviction), but not the second act (murder).
Walter Block believes the woman always has a right to evict:
Likewise, Block proposes that medical experimenters can treat the embryos they have in their possession as laboratory "animals", as is their desire, contingent on only one stipulation: that no one else wishes to raise these very young infants on their own. If there are adoptive parents who wish to homestead the right to care for the children, their rights trump those of the creators of the fertilized egg since the former wishes to protect the child from harm, while the latter does not. Thus, Block offers an alternative to the standard choice between the anti-abortion and pro-choice positions on stem cell research. [6]
Evictionists believe that advances in technology will continue to improve the medical ability to preserve a living fetus after removal from its mother. This future technology is hoped to save the lives of evicted fetuses at increasingly younger ages whereas aborted fetuses would continue to die at any age. [5]
During the past several decades, neonatal care has improved with advances in medical science, and therefore the limit of viability has moved earlier. [7] The lower limit of viability is approximately five months' gestational age, and usually later. [8]
Jakub Wisniewski, a Polish libertarian theoretician who championed the non-aggression principle (NAP) over a mother's right to abort a consensually-conceived fetus, [9] [10] [11] [12] and Sean Parr, who introduced the alternative departurism, [13] [14] [15] have made counter-arguments to evictionism.
The libertarian perspective on immigration is often regarded as one of the core concepts of libertarian theory and philosophy. There is considerable disagreement among libertarians as to what stance towards immigration best accords with libertarian principles. Some hold that restrictions on immigration are an infringement of the rights of immigrants and other property owners and constitute a threat to individual liberty. Others maintain that open borders amount to a policy of forced integration on the part of the state, and that protecting the rights of property holders requires that present governments adopt much more discriminatory policies on who is allowed to enter a country.
Libertarians promote individual liberty and seek to minimize the role of the state. The abortion debate is mainly within right-libertarianism between cultural liberals and social conservatives as left-libertarians generally see it as a settled issue regarding individual rights, as they support legal access to abortion as part of what they consider to be a woman's right to control her body and its functions. Religious right and intellectual conservatives have attacked such libertarians for supporting abortion rights, especially after the demise of the Soviet Union led to a greater divide in the conservative movement between libertarians and social conservatives. Libertarian conservatives claim libertarian principles such as the non-aggression principle (NAP) apply to human beings from conception and that the universal right to life applies to fetuses in the womb. Thus, some of those individuals express opposition to legal abortion. According to a 2013 survey, 5.7/10 of American Libertarians oppose making it more difficult for a woman to get an abortion.
Hans-Hermann Hoppe is a German-American academic associated with Austrian School economics, anarcho-capitalism, right-wing libertarianism, and opposition to democracy. He is professor emeritus of economics at the University of Nevada, Las Vegas (UNLV), senior fellow of the Mises Institute think tank, and the founder and president of the Property and Freedom Society.
The abortion debate is a longstanding, ongoing controversy that touches on the moral, legal, medical, and religious aspects of induced abortion. In English-speaking countries, the debate most visibly polarizes around adherents of the self-described "pro-choice" and "pro-life" movements. Pro-choice supporters uphold that individuals have the right to make their own decisions about their reproductive health, and that they should have the option to end a pregnancy if they choose to do so, taking into account various factors such as the stage of fetal development, the health of the mother, and the circumstances of the conception. Pro-life advocates, on the other hand, maintain that a fetus is a human being with inherent rights that cannot be overridden by the mother’s choice or circumstances, and that abortion is morally wrong in most or all cases. Both terms are considered loaded in mainstream media, where terms such as "abortion rights" or "anti-abortion" are generally preferred.
Abortion in Sweden was first legislated by the Abortion Act of 1938. This stated that an abortion could be legally performed in Sweden upon medical, humanitarian, or eugenical grounds. That is, if the pregnancy constituted a serious threat to the woman's life, if she had been impregnated by rape, or if there was a considerable chance that any serious condition might be inherited by her child, she could request an abortion. The law was later augmented in 1946 to include socio-medical grounds and again in 1963 to include the risk of serious fetal damage. A committee investigated whether these conditions were met in each individual case and, as a result of this prolonged process, abortion was often not granted until the middle of the second trimester. As such, a new law was created in 1974, stating that the choice of an abortion is entirely up to the woman until the end of the 18th week.
Self-ownership is the concept of property in one's own body, often expressed as the moral or natural right of a person to have bodily integrity meaning the exclusive right to control one's own body including one's life, where 'control' means exerting any physical interference and 'exclusive' means having the right to install and enforce a ban on other people doing this. Since the legal norm of property title claim incapacitates other people from claiming property title over the same resource at the same time, the right to control or interfere with one's own body in any arbitrary way is secured. Anarcho-capitalism defines self-ownership as the exclusive right to control one's body as long as the owner does not aggress upon others, leading to the concept of the sovereign individual. In Minarchism the 'exclusive right' is understood by separating the 'liberty-to' from the 'liberty-from' where for each person the 'liberty-to' is restricted by all the 'liberty's-from' of others, effectively subjecting the liberty-to to the ban on the usage of force. Thereafter self-ownership means the exclusive right to control one's body insofar considering action between inhabitants and not involving the state, making it roughly a pacifist morality only among inhabitants. Self-ownership is a central idea in several political philosophies that emphasize individualism, such as libertarianism and liberalism.
Ectogenesis is the growth of an organism in an artificial environment outside the body in which it would normally be found, such as the growth of an embryo or fetus outside the mother's body, or the growth of bacteria outside the body of a host. The term was coined by British scientist J.B.S. Haldane in 1924.
An artificial womb or artificial uterus is a device that would allow for extracorporeal pregnancy by growing a fetus outside the body of an organism that would normally carry the fetus to term.
The non-aggression principle (NAP), also called the non-aggression axiom, is the fundamental principle of morality that states that any person is permitted do everything with his property except aggression, defined as the initiation of forceful action, which is in turn defined as 'the application or threat of' 'physical interference or fraud ', any of which without consent. The principle is also called the non-initiation of force. The principle incorporates universal enforcability.
Right-libertarianism, also known as libertarian capitalism, or right-wing libertarianism, is a libertarian political philosophy that supports capitalist property rights and defends market distribution of natural resources and private property. The term right-libertarianism is used to distinguish this class of views on the nature of property and capital from left-libertarianism, a type of libertarianism that combines self-ownership with an egalitarian approach to property and income. In contrast to socialist libertarianism, right-libertarianism supports free-market capitalism. Like most forms of libertarianism, it supports civil liberties, especially natural law, negative rights, the non-aggression principle, and a major reversal of the modern welfare state.
Fetal rights are the moral rights or legal rights of the human fetus under natural and civil law. The term fetal rights came into wide usage after Roe v. Wade, the 1973 landmark case that legalized abortion in the United States. The concept of fetal rights has evolved to include the issues of maternal substance use disorders, including alcohol use disorder and opioid use disorder. Most international human rights charters "clearly reject claims that human rights should attach from conception or any time before birth." While international human rights instruments lack a universal inclusion of the fetus as a person for the purposes of human rights, the fetus is granted various rights in the constitutions and civil codes of several countries.
Libertarianism is variously defined by sources as there is no general consensus among scholars on the definition nor on how one should use the term as a historical category. Scholars generally agree that libertarianism refers to the group of political philosophies which emphasize freedom, individual liberty and voluntary association. Libertarians generally advocate a society with little or no government power.
The genetics and abortion issue is an extension of the abortion debate and the disability rights movement. Since the advent of forms of prenatal diagnosis, such as amniocentesis and ultrasound, it has become possible to detect the presence of congenital disorders in the fetus before birth. Specifically, disability-selective abortion is the abortion of fetuses that are found to have non-fatal mental or physical defects detected through prenatal testing. Many prenatal tests are now considered routine, such as testing for Down syndrome. Women who are discovered to be carrying fetuses with disabilities are often faced with the decision of whether to abort or to prepare to parent a child with disabilities.
Abortion in Norway is available on demand within the first twelve weeks of gestation, measured as 11 weeks and 6 days from the first day of the last menstrual period. After this 12-week time limit, a request must be submitted to a special medical assessment board that will determine whether an abortion will be granted.
Walter Edward Block is an American Austrian School economist and anarcho-capitalist theorist. He was the Harold E. Wirth Eminent Scholar Endowed Chair in Economics at the School of Business at Loyola University New Orleans and a senior fellow of the non-profit think-tank Ludwig von Mises Institute in Auburn, Alabama.
In Judaism, views on abortion draw primarily upon the legal and ethical teachings of the Hebrew Bible, the Talmud, the case-by-case decisions of responsa, and other rabbinic literature. While all major Jewish religious movements allow or encourage abortion in order to save the life of a pregnant woman, authorities differ on when and whether it is permitted in other cases.
The beginning of human personhood is the moment when a human is first recognized as a person. There are differences of opinion as to the precise time when human personhood begins and the nature of that status. The issue arises in a number of fields including science, religion, philosophy, and law, and is most acute in debates relating to abortion, stem cell research, reproductive rights, and fetal rights.
Muslim views on abortion are shaped by Hadith, as well as by the opinions of legal and religious scholars and commentators. The Quran does not directly address intentional abortion, leaving greater discretion to the laws of individual countries. Although opinions among Islamic scholars differ over when a pregnancy can be terminated, there are no explicit prohibitions on a woman's ability to abort under Islamic law.
Born alive laws in the United States are fetal rights laws that extend various criminal laws, such as homicide and assault, to cover unlawful death or other harm done to a fetus in utero or to an infant that has been delivered. The basis for such laws stems from advances in medical science and social perception, which allow a fetus to be seen and medically treated as an individual in the womb and perceived socially as a person, for some or all of the pregnancy.
Departurism is an anti-abortion libertarian approach to the reproductive rights controversy developed by American philosopher Sean Parr which argues, contrary to evictionism, that the lethal removal of an unwanted fetus ought to be legally impermissible.
In libertarian law, the property owner is entitled to remove the trespasser in the gentlest manner possible; if this necessitates the death of the trespasser, the owner of the land is still justified in upholding the entailed property rights. My conclusion, then, is that the mother is within her rights to evict, but not kill, the fetus.
The 'gentlest manner possible' in this case requires that the mother notify the authorities to see if they will take over responsibilities for keeping alive this very young human being.
The libertarian principle of the non-initiation of force trumps the right to evict trespassers from our property if it is us who are responsible for making someone a 'trespasser' in the first place.
Where evictionism holds that it is justifiable for the mother to lethally evict [the] fetus from her property (that is, to abort it), departurism—on the grounds of the axiom of gentleness—holds that it is not.