part of the nature of law?
seems that promulgation is not part of the nature of
Natural law especially has the nature of law.
But natural law does not require promulgation.
Therefore, it is not part of the nature of law that
it be promulgated.
Properly speaking, law plays the role of obligating
someone to do or not to do something. But it is
not just those to whom a law is promulgated who are
obligated to fulfill the law; the others are obligated
as well. Therefore, promulgation is not part of
the nature of law.
The obligatory force of law extends even into the future,
since, as jurists say, laws impose necessity on future
transactions. But promulgation is made [only]
to those who exist at present. Therefore, law
does not require promulgation.
contrary to this:
Decretals, dist. 4, says, “Laws are instituted
when they are promulgated.”
As has been explained (a. 1), law is imposed on others
in the manner of a rule and measure. But a rule
or measure is imposed by being applied to the things
that are ruled and measured. Hence, in order for
a law to acquire the power to obligate, which is proper
to law, it must be applied to the men who are supposed
to be regulated by it. Now this sort of application
is accomplished by the law’s being brought to their
knowledge through its promulgation. Hence, promulgation
is necessary in order for the law to have its power.
so from the four traits that have been mentioned, we
can put together a definition of law: Law
is (a) an ordinance (ordinatio) of reason, (b)
for the common good, (c) made by one who is in charge
of the community, and (d) promulgated.
to objection 1:
The promulgation of the law of nature consists in God’s
having instilled it in the minds of men in order that
they might know it naturally.
to objection 2:
Those who are such that the law is not promulgated in
their presence are obligated to follow the law insofar
it is or can be brought to their knowledge through others,
once the promulgation has been made.
to objection 3:
A present promulgation extends into the future by reason
of the permanence of writing, which in some sense continually
promulgates the law. Hence, in Etymologia
2 Isidore says, “ ‘Law’ (lex) is derived
from reading (legendo), because it is written.”