Abstract

Steven Landsburg argues that from a legal perspective, “most abortions should be unrestricted.” This conclusion, he claims, follows from combining insights from Judith Jarvis Thomson (1971) with a “careful Rawlsian analysis,” where “Rawlsianism is the industry-standard approach” for settling conflicts like those that arise in debates over abortion policy. If correct, then “the right approach to policy questions” implies that abortion access should remain relatively open. Here, I argue that Landsburg has drawn from Rawlsian tools the wrong conclusion about abortion. I defend what he terms “naive Rawlsian”: the view that as a matter of justice, “many abortions . . . should be prohibited.” If correct, then “the industry-standard approach” for settling conflicts (as Landsburg calls it) should lead society to prohibit abortion in most cases. Proponents of abortion who wish to avoid this outcome, therefore, should abandon the “industry standard” approach to conflict resolution.