Libertarian Law in the Middle Ages

“The lamps are going out all over Europe; we shall not see them lit again in our lifetime.”

–  Edward Grey, Secretary for Foreign Affairs, on the eve of the Great War

Prologue

Genesis 2: 9 The Lord God made all kinds of trees grow out of the ground—trees that were pleasing to the eye and good for food. In the middle of the garden were the tree of life and the tree of the knowledge of good and evil.

16 And the Lord God commanded the man, “You are free to eat from any tree in the garden; 17 but you must not eat from the tree of the knowledge of good and evil, for when you eat from it you will certainly die.”

Genesis 3: Now the serpent was more crafty than any of the wild animals the Lord God had made. He said to the woman, “Did God really say, ‘You must not eat from any tree in the garden’?”

2 The woman said to the serpent, “We may eat fruit from the trees in the garden, 3 but God did say, ‘You must not eat fruit from the tree that is in the middle of the garden, and you must not touch it, or you will die.’”

4 “You will not certainly die,” the serpent said to the woman. 5 “For God knows that when you eat from it your eyes will be opened, and you will be like God, knowing good and evil.”

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You know the story: they ate the fruit, their eyes were opened, God banished them from the Garden, and man has been cursed to toil and eternal damnation ever since.

Of course, I am not insisting that you believe the story.

The Middle Ages

Kingship and Law in th…
Fritz Kern, S.B. Chrim…
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I take from Fritz Kern, author of “Kingship and Law in the Middle Ages”:

For us law needs only one attribute in order to give it validity; it must, directly or…

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