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 ?
1)--does far more: it undermines the substantive law itself.
the substantive law is federal, he argues, is consistent with this
Excessive concern that Rule 23's deployment might distort the substantive law or upend normal dispute resolution processes could hamstring its application and deny the class action a proper regulatory role.
In Wal-Mart itself, the Court invoked substantive law in requiring certification of class actions for back pay under subdivision (b)(3).
Relying on social norms as reflected in substantive law to build legitimacy might increase the perception that the regime is legitimate, but, because that legitimacy is a product of alignment between the regime and the population's own moral commitments, it is less likely to build deference.
Unless specified, designations are assumed to refer to substantive law and not to conflict of law rules.
One solution may be to have a provision in the waiver that expressly provides that the governing substantive law will be the law of a state that enforces such parental waivers.
Any substantive law necessarily needs to be accompanied with an implementation strategy which should include public awareness and participation, a decentralized mechanism of implementation and a proper redressal system.
Using those resources, the committee developed a new "template" to reorganize the sequence of substantive law instructions.
It includes discussion of those conflicts, whether procedural, evidentiary or dealing with substantive law, and is designed to help practitioners identify conflicts that may impact specific cases.
Her belief that HMA had engaged in an unlawful employment practice was objectively reasonable when measured against existing substantive law.
To the defendants' argument that the earlier case was different because it concerned a procedural rule, not substantive law, the court responded, "While the requirement for an affidavit of reasonable cause may well fall in the category of substantive law, an automatic dismissal of the cause of action if the affidavit is not filed within 30 days concerns enforcement of a remedy, and we hold it is procedural.