April 26, 2010

The Eden Narratives and Law

Geoffrey P. Miller, New York University School of Law, has published The Dark Age: How the Biblical Narratives Demonstrate the Necessity for Law and Government as NYU School of Law Public Law Research Paper No. 10-18. Here is the abstract.
In earlier work I argue that the Garden of Eden story in the book of Genesis explores a basic question for political theory: why people have an obligation to obey the law. The narratives that follow describe a “Dark Age” in world history characterized by accelerating violence and ending in a catastrophic flood. These texts expand the analysis of the Eden narratives by asking whether human beings can achieve a good life in the absence of government and law. The narratives describe an experiment in which people interact strategically with one another in an environment where cooperation can generate a surplus but defection from cooperative arrangements is always possible. The message of the Dark Age texts is that, at least under the specified conditions of scarcity, self-interest, and character types, people will not achieve a good life in the absence of government and law.

Download the paper from SSRN at the link.

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