Substantive law is the set of
laws that governs how members of a
society are to behave.
[Substantive Law vs. Procedural Law: Definitions and Differences, Study.com]
/ref> It is contrasted with procedural law, which is the set of procedures for making, administering, and enforcing substantive law.punishment
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular acti ...
s in criminal law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
.statutes
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
or exist through precedent in common law.
Henry Sumner Maine 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
Substantive rights are basic human rights possessed by people in an ordered society and include rights granted by natural law as well as the substantive law. Substantive rights involve a right to the substance of being human (life, liberty, happi ...
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
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