Substantive law is the set of
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
s that governs how members of a
society
A society is a group of individuals involved in persistent social interaction, or a large social group sharing the same spatial or social territory, typically subject to the same political authority and dominant cultural expectations. Soci ...
are to behave.
[Substantive Law vs. Procedural Law: Definitions and Differences, Study.com]
/ref> It is contrasted with procedural law
Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules a ...
, which is the set of procedures for making, administering, and enforcing substantive law.right
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical ...
s and responsibilities in civil law, and crime
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...
s and punishments in criminal law.precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ...
in common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
.
Henry Sumner Maine
Sir Henry James Sumner Maine, (15 August 1822 – 3 February 1888), was a British Whig comparative jurist and historian. He is famous for the thesis outlined in his book '' Ancient Law'' that law and society developed "from status to contract. ...
said of early law, "So great is the ascendency of the Law of Actions in the infancy of Courts of Justice, that substantive law has at first the look of being gradually secreted in the interstices of procedure; and the early lawyer can only see the law through the envelope of its technical forms."[Henry Sumner Maine. On Early Law and Custom. New Edition. John Murray. Albemarle Street, London. 1890]
Page 389
See also
* Substantive rights
References
Sources
*Glanville Williams. "Substantive and Adjectival Law". Learning the Law. Eleventh Edition. Stevens and Sons. London. 1982. Pages 19 to 23.
*John W Salmond. "Substantive Law and the Law of Procedure". The First Principles of Jurisprudence. Stevens & Haynes. Bell Yard, Temple Bar, London. 1893. Page
215
to 218.
*Walter Denton Smith. A Manual of Elementary Law. West Publishing Co. St Paul, Minn. 1894. Page
110
to 116. Part 2 (The Substantive Law). Pages 123 to 279.
*"Substantive and Adjective Law" (1881) 16 The Law Journa
441
(1 October 1881)
*J Newton Fiero, "The Relation of Procedure to the Substantive Law", Law Pamph. Vol 202. (1904
2
Delta Chi Quarterly 5 (January 1904).
*Clark , "The Handmaid of Justice" (1938) 23 Washington University Law Quarterly 297
Reprint, 1965
*Abraham Lawrence Sainer. The Substantive Law of New York. Substantive & Adjective Law Publishers. Eighteenth Edition. 1967.
*Whitely Stokes (ed). The Anglo-Indian Codes. Clarendon Press, Oxford. 1887
Volume 1 (Substantive Law)
Common law legal terminology
American legal terminology
{{law-term-stub