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Departurism
Departurism is an anti-abortion libertarian approach to reproductive rights developed by American philosopher Sean Parr which argues, contrary to evictionism, that the lethal removal of an unwanted fetus ought to be legally impermissible (except in cases where the pregnancy jeopardizes the life of the mother).
Unlike the traditional pro-life vs. pro-choice dichotomy, both departurism and its libertarian counterpoint, evictionism
address the challenges posed by emerging reproductive technologies—such as artificial wombs, fetal transfer, and gestational outsourcing.... In a transhumanist future where pregnancy may be safely ended without ending fetal life.... these frameworks may provide the jurisprudential scaffolding for abortion law.
Both departurism and evictionism acknowledge "the complex ethical questions surrounding abortion, particularly the tension between fetal moral status and a pregnant person's bodily autonomy." Regarding the moral status of fetal life, both frameworks view the fetus as a distinct, living human being and, further, admit his personhood.
Further, both frameworks recognize the mother's autonomy over her own body. To this end, there are two aspects of these theories that make them uniquely libertarian:
Moreover, both theories argue that the fetus lacks mens rea in his occupation of the mother's womb, so the mother's treatment of the fetus must follow the principle of gentleness.
Gentleness is an ex ante element of law—similar to the ex post element, proportionality—which states that if the victim of an invasion intends to halt it while it is occurring, they must only use the least severe measures necessary to do so. Failing to use the gentlest means possible to end non-criminal aggression, places the victim "at risk of falling on the wrong side of the non-aggression principle," violating it "to a far greater extent than is the trespasser." Because all fetuses "are equally innocent," this attempt to curtail property owners from dealing with such trespassers "more severely than libertarian punishment theory allows" is applicable to unwanted fetuses who are the result of rape no less than those whom are consensually conceived.
Where departurism and evictionism differ is in their understanding of what gentleness ought to look like when it is properly applied to situations of trespass within the womb.
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Departurism
Departurism is an anti-abortion libertarian approach to reproductive rights developed by American philosopher Sean Parr which argues, contrary to evictionism, that the lethal removal of an unwanted fetus ought to be legally impermissible (except in cases where the pregnancy jeopardizes the life of the mother).
Unlike the traditional pro-life vs. pro-choice dichotomy, both departurism and its libertarian counterpoint, evictionism
address the challenges posed by emerging reproductive technologies—such as artificial wombs, fetal transfer, and gestational outsourcing.... In a transhumanist future where pregnancy may be safely ended without ending fetal life.... these frameworks may provide the jurisprudential scaffolding for abortion law.
Both departurism and evictionism acknowledge "the complex ethical questions surrounding abortion, particularly the tension between fetal moral status and a pregnant person's bodily autonomy." Regarding the moral status of fetal life, both frameworks view the fetus as a distinct, living human being and, further, admit his personhood.
Further, both frameworks recognize the mother's autonomy over her own body. To this end, there are two aspects of these theories that make them uniquely libertarian:
Moreover, both theories argue that the fetus lacks mens rea in his occupation of the mother's womb, so the mother's treatment of the fetus must follow the principle of gentleness.
Gentleness is an ex ante element of law—similar to the ex post element, proportionality—which states that if the victim of an invasion intends to halt it while it is occurring, they must only use the least severe measures necessary to do so. Failing to use the gentlest means possible to end non-criminal aggression, places the victim "at risk of falling on the wrong side of the non-aggression principle," violating it "to a far greater extent than is the trespasser." Because all fetuses "are equally innocent," this attempt to curtail property owners from dealing with such trespassers "more severely than libertarian punishment theory allows" is applicable to unwanted fetuses who are the result of rape no less than those whom are consensually conceived.
Where departurism and evictionism differ is in their understanding of what gentleness ought to look like when it is properly applied to situations of trespass within the womb.