Libertarianism and Abortion

As promised, here is my reply to Professor Narveson on the subject of libertarianism and the ethics of abortion, just published online in Libertarian Papers. The Abstract for my essay is as follows:

Jan Narveson criticizes the view expressed in my Libertarian Philosophy in the Real World that there is no orthodox libertarian position on the ethics of abortion. He asserts that fetuses lack the defining characteristics of personhood, and thus are ineligible for what he terms “intrinsic” rights under his, and presumably any other, plausible libertarian theory. My counterargument is threefold: (i) Narveson’s contractarianism can be interpreted in a way that is consistent with the pro-life perspective; (ii) because his theory permits no principled distinction between the moral status of third trimester fetuses and newborns, the contrary reading of his social contract produces a result that is implausible and even repellent; and (iii) even if his version of contractarianism does imply a unique, aggressively pro-choice stance on abortion, there are competing libertarian theories that are receptive to pro-life views.

This dialog occurs against the backdrop of Chapter 10 of LPRW, titled “Political Issues for Which There is No Doctrinaire Libertarian Position.” More specifically, I note that there are “dominant views among ‘movement’ libertarians and in the writings of prominent libertarian intellectuals regarding national security, abortion, and immigration.” I then analyze whether “these judgments can be derived from our first principles, or just happen to be the views of a majority of committed libertarians based on a different set of normative judgments, or on controversial empirical assumptions.”  I conclude that the latter supposition is correct.

Had I the space, I might have included intellectual property protection in the mix, but that seemed to me to be a subject of less general interest. In any event, my view is that libertarians (and our doctrine) would benefit if greater attention were paid to demarcating the useful limits of natural rights theory.


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