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This reminds me of the free speech debates. You have the right to say anything you want, but not the right to be free from consequences.
I don't know, but death is not so bad when there is also eternal life.
Well, I wouldn't compare modern civilization's laws and philosophies with that of a God, but in our society, there is a spectrum of crime and consequence. To equate eating fruit with death and pain seems a little outrageous, but God always seemed like a very egotistical spirit. Then again, at the time of the Bible being written, what we consider civil and judicial is relative. Some say God loves us unconditionally, but then contradict themselves whenever the Bible is brought up due to the events (damning us to death, causing a worldwide flood and basically wiping out the species, etc.). One would think God actually hates us.