Foundations of Law I
The secular worldview on fault says that man is not responsible for his actions, man is a product of his environment, if you change the environment you will change the man, and man is perfectible.
Adam and Eve blamed others in Genesis 3. However, God's command to not eat the fruit in Genesis 2 presumes that man has the ability to choose whether to obey or not.
Man should not be determined by his environment, as God commanded man to subdue his environment as part of the dominion mandate in Genesis 1. Also in Genesis 1, God tells man that he was made in His image.
God punished Adam and Eve for violating his command not to eat the fruit of the tree. Genesis 3:24.
Israel had a tort system. Goring oxen and uncovered pits were covered in Exodus 21, grazing cattle and spreading fire in Exodus 22, and battlements in Deuteronomy 22.
- Spreading fire and goring oxen seem to be strict liability, but with a remedy diminished by fault.
Romans 13 presupposes that the civil magistrate can punish man for his wicked acts. Otherwise, it would be unjust to impose punishment.
Main is a moral agent who is responsible for his actions.
- Romans 2:6
[God] will render to every man according to his deeds:
- Galatians 6:7
Be not deceived; God is not mocked: for whatsoever a man soweth, that shall he also reap.
All are presumed to know the law. Therefore, ignorance of the law is not a defense to a violation of criminal or civil law.
Ignorance of LONANG is not an excuse b/c the law is written on our hearts.
However, ignorance may be an excuse from a violation of “municipal law” b/c such a law is not written on man’s heart.