ct community,
according to _Polit._ i, 1. And therefore, as the good of one man is
not the last end, but is ordained to the common good; so too the good
of one household is ordained to the good of a single state, which is
a perfect community. Consequently he that governs a family, can
indeed make certain commands or ordinances, but not such as to have
properly the force of law.
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FOURTH ARTICLE [I-II, Q. 90, Art. 4]
Whether Promulgation Is Essential to a Law?
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.
Obj. 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.
Obj. 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 (A. 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 Obj. 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 Obj. 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 Obj. 3: The promulgation that takes
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