Chapter V. On the Promulgation of Law

Promulgation is the public announcement of a law, made by legitimate authority for inducing obligation upon subjects.

I say, 1st. Promulgation is altogether necessary for a law to induce obligation. The reason is that law, in order that it may oblige, must be intimated to the will, which is done through promulgation. - Cf. St. Thomas, 1-2, q. 90, art. 4. - St. Alphonsus, n. 96.

§ 1. Laws are instituted when they are promulgated (Can. 8).

I say, 2nd. Promulgation without knowledge of the law suffices for obliging in the external forum, because knowledge of a law duly promulgated is generally presumed. But in the internal forum, knowledge of the law is additionally required, because no one can sin without cognition of the obligation.

I say, 3rd. From the nature of the matter, it suffices that a law be promulgated in some principal city, or in such a place from which it can come to the notice of the community; and it obliges immediately once it has been promulgated. But in practice attention must be paid to received custom, or to the particular statutes of various places. Wherefore Kenrick says: "among us, a law is judged promulgated as soon as it has been made, excepting some States in which it is necessary that twenty, thirty, or sixty days elapse before it has force." - Cf. Kenrick, tract. 6, n. 8, with the added notes.

Question: How are Pontifical and Episcopal laws promulgated?

Response. As regards the first. Laws made by the Apostolic See are promulgated by publication in the official commentary of the Acts of the Apostolic See, unless in particular cases another mode of promulgating has been prescribed; and they exert their force only after three months have been completed from the day which is placed upon the number of the Acts, unless from the nature of the matter they bind immediately, or in the law itself a shorter or longer vacatio has been specially and expressly established (Can. 9).

As regards the second. § 2. Episcopal laws begin to oblige immediately from promulgation, unless something else is provided in them; moreover, the mode of promulgation is determined by the Bishop himself (Can. 335, § 2).