Chapter VI: On the Cessation of Law

St. Alphonsus, I, 199; ed. G., I, p. 176; Aertnys, l. I, n. 193. - As regards customs, see Reiffenstuel, Pirhing, Santi, Laurentius, Heiner, Aichner in the title de Consuetudine.

255. A law is said TO CEASE, when it ceases to oblige the whole community, so that a new promulgation would be needed if the legislator willed it to oblige anew. This can happen: both a) from within, or on the part of the law itself, namely through cessation of its final cause; and b) from without, either on the part of the legislator alone, through abrogation and derogation of the law, or also on the part of subjects, through desuetude or contrary custom, strengthened by some consent of the legislator.

Hence three things must be treated: 1. concerning the cessation of law from within; 2. concerning abrogation and derogation of law; 3. concerning custom, concerning which, on account of the connection of things, it remains to be discussed not only insofar as it is contrary to law, but also insofar as it induces or interprets law.