Milton on the Rule of Law and Promulgation

PhD student James Milton authors ‘Modern Law Review’ article on the rule of law and promulgation.

10 April 2025

Congratulations to PhD student member James Milton, whose article ‘The Rule of Law and Full-Bodied Promulgation’ has been published in the May 2025 Issue of the Modern Law Review. In the article, Milton makes a distinction between ‘formal promulgation’, the official publication of laws, and ‘full-bodied promulgation’, informal interventions by public officials to inform citizens of changes to the law. Milton argues that, beyond formal promulgation, public officials must sometimes engage in full-bodied promulgation in order to satisfy fundamental virtues of the rule of law. He identifies two instances in which full-bodied promulgation is required: when the new rules diverge from a long-standing legal rule, and when a new rule diverges from pre-existing moral norms.

The full article is available to read on the Wiley Online Library.