Section — Koch–Preuss
Section 7: The Properties of Human Law
A human law is an ordinance made by a human legislator as a general and just rule for the benefit of his subjects, and properly promulgated.1 This definition embraces all the requisites of a true law, both material and formal.2 1. A law is general if it is equally binding upon all members of the community for which it is made.
1 St. Thomas, Summa Theol., 1a 2ae, qu. 90, art. 4 (v. supra p. 155, note 1).
2 Cfr. St. Isidore, Etymol., V, c. 21: "A law shall be honorable, just, possible, according to nature, according to the custom of the country, suitable to place and time, necessary, useful, and also clear, lest through obscurity it contain anything ensnaring; it shall be written for no private advantage, but for the common benefit of the citizens." (Migne, P. L., LXXXII, 203). Cited in the Decretum Gratiani, c. 2, D. 4; c. 5, D. 1 (ed. Friedberg, Leipsic 1879, Vol. I, pp. 6 and i).
A law is practicable if what it demands is morally possible for ordinary men to fulfil.
A law is just if it does not contravene any other legitimate enactment of a higher authority.
A law is useful if it advances the good of the whole community or at least does not hinder the welfare of the majority or injure that of the minority.
3 Cfr. Regulae Iuris in VI Decret. Bonif. VIII, n. 6: "Nemo potest ad impossibile obligari." (Corpus Iuris Canonici, ed. Friedberg, Vol. II, Leipsic 1881, p. 1122). —Conc. Trident., Sess. VI, c. 11; Prop. Damnat. Jansenii, prop. 1 (Denzinger-Bannwart, n. 1092).
In case of doubt the presumption is always in favor of the law. If those for whom a law is made, believe it has serious defects, they are free to petition or agitate for its repeal; but as long as the law is in force, —provided, of course, it is not manifestly opposed to religion or morality or declared to be invalid by the proper authority, —it remains binding.
- Formally, a law, to be valid, must proceed from legitimate authority and be duly promulgated. By promulgation is meant the executive act by which a law is brought to the notice of the public and consequently put into force. No law is binding until it has been promulgated. Promulgation differs from knowledge of a law, which is merely a subjective requisite of accountability. No one is formally guilty of violating a law unless he is aware of its existence.
When it is uncertain or doubtful whether a law has been promulgated, there is no obligation to obey it, because in such circumstances the will of the legislator is uncertain.
The form or manner of promulgation depends on the will of the lawmaker. Ecclesiastical laws at the present time are officially promulgated through the Acta Acta Apostolicae Sedis, a periodical publication appearing at irregular intervals in Rome.4
4 Cfr. the Apostolic Constitution "De Promulgatione Legum et Evulgatione Actorum S. Sedis, " Oct. 30, 1908, in the Acta Apostolicae Sedis, Rome 1909, pp. 6 sqq.
The laws of the Latin Church at present in force are contained in the new Codex Iuris Canonici Pii X Pontificis Maximi iussu Digestus, Benedicti Papae XV Auctoritate Promulgatus, which took effect on Pentecost Sunday, 1918.
As soon as a law has been properly promulgated, it is binding upon those for whom it is intended, no matter whether they accept it or not. The reason for this is plain. The law-making power is derived from God, not from the people. Alexander VII, on Sept. 24, 1665, condemned the proposition that "A people do not sin if without any cause whatever they refuse to receive a law promulgated by their ruler." 5 Only when a law is indubitably unjust may it be rejected by those for whom it was made. In a democratic country the people are in duty bound to obey the laws passed by their representatives.
5 "A people do not sin, even if without any cause they do not receive a law promulgated by the ruler." (Denzinger-Bannwart, n. 1120).