DOES TRESPASSING REQUIRE HUMAN ACTION? REJOINDER TO KINSELLA AND ARMOUTIDIS ON EVICTIONISM

Libertarian scholars Kinsella and Armoutidis criticize the libertarian theory of evictionism. This is a principled compromise between the pro-life and the pro-choice positions. Its conclusion overlaps with the former in the last trimester of pregnancy and with the latter in the first two trimesters. That is, the pregnant mother may expel the fetus from her body whenever she wishes but may not ever kill this pre-born baby. This theory is predicated upon the notion that the unwanted fetus is a trespasser; an innocent one, to be sure. Thus, he may be expelled from her body, her private property, but not treated as a criminal, since he is innocent of any crime. Evictionism stands or falls on this one claim. If the fetus is not a trespasser, this solution to the abortion controversy is a failure. Kinsella (2023) and Armoutidis (2024) maintain, to the contrary, that trespassing is a human action, and that the fertilized egg, the beginning of human life, is capable of nothing such thing. This essay aims to refute their position.