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Objection 1: It would seem that promulgation is not essential to a
law. For the natural law above all has the character of law. But the
natural law needs no promulgation. Therefore it is not essential to a
law that it be promulgated.
Objection 2: Further, it belongs properly to a law to bind one to
do or not to do something. But the obligation of fulfilling a law
touches not only those in whose presence it is promulgated, but also
others. Therefore promulgation is not essential to a law.
Objection 3: Further, the binding force of a law extends even to
the future, since "laws are binding in matters of the future," as
the jurists say (Cod. 1, tit. De lege et constit. leg. vii).
But promulgation concerns those who are present. Therefore it is not
essential to a law.
On the contrary, It is laid down in the Decretals, dist. 4, that
"laws are established when they are promulgated."
I answer that, As stated above (Article 1), a law is imposed on
others by way of a rule and measure. Now a rule or measure is imposed
by being applied to those who are to be ruled and measured by it.
Wherefore, in order that a law obtain the binding force which is
proper to a law, it must needs be applied to the men who have to be
ruled by it. Such application is made by its being notified to them by
promulgation. Wherefore promulgation is necessary for the law to
obtain its force.
Thus from the four preceding articles, the definition of law may be
gathered; and it is nothing else than an ordinance of reason for the
common good, made by him who has care of the community, and
promulgated.
Reply to Objection 1: The natural law is promulgated by the very
fact that God instilled it into man's mind so as to be known by him
naturally.
Reply to Objection 2: Those who are not present when a law is
promulgated, are bound to observe the law, in so far as it is notified
or can be notified to them by others, after it has been promulgated.
Reply to Objection 3: The promulgation that takes place now,
extends to future time by reason of the durability of written
characters, by which means it is continually promulgated. Hence
Isidore says (Etym. v, 3; ii, 10) that "lex [law] is
derived from legere [to read] because it is written."
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