# If abortion substantially risks homicide, it should be illegal

## TL;DR

This paper argues that if abortion risks homicide, it should be illegal, based on the harm principle and a 10-week gestation threshold.

## Contribution

The paper introduces The Prevention Argument, a novel legal and ethical framework for criminalizing abortion based on risk of homicide.

## Key findings

- The Prevention Argument requires only that abortion substantially risks homicide, not that it is homicide itself.
- The argument is grounded in accepted principles like the harm principle and has a modest burden of proof.
- The framework could be extended to earlier abortions if the risk of homicide is shown.

## 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.