punished with original sin? Clearly they were unaware of the ramifications of their actions in eating the fruit. As newly created beings, their thought processes were innocent and naive. The legal concept of doli incapax suggests that children are not responsible for crime based on the fact that children are unable to see the implications of criminal behavior. Clearly this applies in the situation as neither Adam nor Eve were aware of their actions, apart from the fact that they "would die" (this is a vague threat and open to interpretation; Adam and Eve died many years later and it is debatable whether they were eternal since other animals experienced mortality in Eden).

The serpent, in tempting them, is also clearly contributory negligent. But for his influence, Adam and Eve would never have reasonably eaten the fruit. Additionally, the serpent did disclose more information about the value of the fruit to Adam and Eve that God should have already informed them of prior to this incident (i.e. the fact that their "eyes would be opened" and they would gain knowledge).

Overall, God is vicariously liable for the actions of Adam and Eve. This situation is one of a relationship with God as superior, and Adam and Eve and subordinate. If a legal analogy of employment was used, God is negligent in a) allowing unauthorized personnel (the serpent) to interfere with his employees, and b) not providing clear and direct warning to his employees of any possible threats within the workplace in order to mitigate the risks.

As Adam and Eve were vulnerable in the situation, and God was the one inflicting the punishment, it was only reasonable that Adam and Eve died from consuming the fruit. All further punishments (as follows) should be repealed:

“Cursed are you above all livestock
and all wild animals!
You will crawl on your belly
and you will eat dust
all the days of your life.
And I will put enmity
between you and the woman,
and between your offspring[a] and hers;
he will crush[b] your head,
and you will strike his heel.”

“I will make your pains in childbearing very severe;
with painful labor you will give birth to children.
Your desire will be for your husband,
and he will rule over you.”

“Cursed is the ground because of you;
through painful toil you will eat food from it
all the days of your life.
18 It will produce thorns and thistles for you,
and you will eat the plants of the field.
19 By the sweat of your brow
you will eat your food
until you return to the ground,
since from it you were taken;
for dust you are
and to dust you will return.”