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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:
- if done in the gentlest manner possible regardless of the death of the fetus,[3] and
- the woman has publicly announced her abandonment of the right to custody of the fetus.[4][5]
- ^ "Literature of liberty," Cato Institute, v. 4, p. 12, 1981.
- ^ Rothbard, Murray (1985). "Personal Liberty". For a New Liberty. Fox & Wilkes. pp. 131–132. ISBN 0-930073-02-9.
- ^ Block, Walter (2011). "Response to Wisniewski on Abortion, Round Two" (PDF). Libertarian Papers. 3 (4). Retrieved 15 September 2020.
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.
- ^ Block, Walter (2011). "Response to Wisniewski on Abortion, Round Two" (PDF). Libertarian Papers. 3 (4). Retrieved 5 July 2020.
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.
- ^ *Walter Block, Roy Whitehead, Compromising the Uncompromisable: A Private Property Approach to Resolving the Abortion Controversy, Walter Block personal web site.