The Rule of Law and Full‐Bodied Promulgation

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Promulgation is a fundamental component of most theories about the rule of law yet remains an under‐theorised aspect of the concept. This article makes two contributions concerning the functions of promulgation in the rule of law. First, promulgation can be broken down into formal promulgation, the process of formally publishing rules, and full‐bodied promulgation, where public officials will informally intervene to inform citizens about a change in the law. Full‐bodied promulgation is necessary in certain cases for the rule of law to be satisfied. The article constructs this argument, discussing the virtues of promulgation, and explaining how they are not all satisfied by formal promulgation alone. It explains the distinction between formal and full‐bodied promulgation, and how this distinction plays out in theory and in practice. Second, the article argues that full‐bodied promulgation is necessary in two specific instances: where a new rule diverges from a long‐standing legal rule, and where a new rule diverges from pre‐existing moral norms.