Substantive Law


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Substantive Law

 

a legal concept signifying legal norms assisting the state in exerting influence on social relations through direct immediate legal regulation.

Substantive law consolidates the forms of ownership and the legal status of property and persons, defines the order of formation and structure of state bodies, and establishes the legal status of citizens and the grounds for and limits of responsibility for violations of the law. In other words, substantive law deals with economic, property, labor, family, and other relations. The factual (material) contents of these relations form the objective basis upon which substantive law defines mutual rights and responsibilities of the participants in the relations. Substantive law is inseparably linked with procedural law. K. Marx noted that “substantive law … has its own indispensable inherent procedural forms. … One and the same spirit should inspire the procedure and the laws since the procedure is only a form of the life of the law, that is, the manifestation of its inner life” (K. Marx and F. Engels, Soch., 2nd ed., vol. 1, p. 158). Thus, substantive and procedural law can be regarded as legal categories expressing the dialectical unity of the two sides of legal regulation: the immediate juridical rules of procedure of social relations and the establishment of the procedural forms of legal defense of these relations.

References in periodicals archive ?
embedded substantive law question about permissible forms of proof of
Webinars, CLE, the Defense Counsel Journal, our amicus program, Substantive Law Committees, and technology;
6) A plurality of the Court in Hague announced a single standard which satisfies the restrictions that each clause imposes on choice of law: (7) "[F]or a State's substantive law to be selected in a constitutionally permissible manner, that State must have a significant contact or significant aggregation of contacts, creating state interests, such that choice of its law is neither arbitrary nor fundamentally unfair.
state substantive law should be applied in a maritime case.
quasi-lawmaking power by rendering substantive law inapplicable to a
The substantive law likely to be applied in different states might also be a factor.
Even such seemingly "trans-substantive" requirements as adequacy of representation can be implemented only by reference to substantive law.
The injunction was requested to block provisions of a recently promulgated emergency rule, which attempts to create new substantive law that severely impedes upon a physician's right to contract and restricts the right of certain physicians to bill patients for a medical services rendered in 23 parishes.
7) Kramer maintains that modern private international law covers issues of both the applicable substantive law (choice of law) and of international civil procedure.
Through the learned attorney general for Pakistan we communicate to all concerned that if they are required to cause arrest or detention of any person, to be found involved in an offence against the state or nation or in violation of any substantive law, he should be dealt with in accordance with relevant provisions of the law, and no permission can be given for illegal detention of anyone because we have to strictly follow the rule of law and the constitution," the court said.
Since this is a diversity case, the federal Court must apply the choice-of-law rules of Louisiana, the forum state, to identify the substantive law that applies.
paradoxically results in power over substantive law flowing to the