Substantive law

Substantive law is the set of laws that governs how members of a society are to behave.^[1] It is contrasted with procedural law, which is the set of procedures for making, administering, and enforcing substantive law.^[1] Substantive law defines rights and responsibilities in civil law, and crimes and punishments in criminal law,^[1] substantive equality or substantive due process. It may be codified in statutes or exist through precedent in common law. Substantive laws, which govern outcomes, are contrasted with procedural laws, which govern procedure.

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."^[2]

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^ ^a ^b ^c Substantive Law vs. Procedural Law: Definitions and Differences, Study.com, [1]
^ Henry Sumner Maine. On Early Law and Custom. New Edition. John Murray. Albemarle Street, London. 1890. Page 389.

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. Pages 215 to 218.
Walter Denton Smith. A Manual of Elementary Law. West Publishing Co. St Paul, Minn. 1894. Pages 110 to 116. Part 2 (The Substantive Law). Pages 123 to 279.
"Substantive and Adjective Law" (1881) 16 The Law Journal 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).

v t e Substantive human rights
What is considered a human right is in some cases controversial; not all the topics listed are universally accepted as human rights
Civil and political	Equality before the law Freedom from arbitrary arrest and detention Freedom of assembly Freedom of association Cruel, inhuman, or degrading treatment Freedom from discrimination Freedom of information Freedom of movement Freedom of religion Freedom from slavery Freedom of speech Freedom of thought Freedom from torture Legal aid LGBT rights Liberty Nationality Personhood Presumption of innocence Right of asylum Right to die Right to a fair trial Right to family life Right to keep and bear arms Right to life Right to petition Right to privacy Right to protest Right to refuse medical treatment Right to resist Right of self-defense Right to truth Security of person Suffrage right to be a candidate Right to homeland
Economic, social and cultural	Digital rights Equal pay for equal work Fair remuneration Labor rights Right to an adequate standard of living Right to clothing Right to development Right to education Right to food Right to health Right to a healthy environment Right to housing Right to Internet access Right to property Right to public participation Right of reply Right to rest and leisure Right of return Right to science and culture Right to social security Right to water Right to work
Sexual and reproductive	Abortion Family planning Freedom from involuntary female genital mutilation Intersex human rights LGBT rights Sexual and reproductive health Right to sexuality
Violations	Crimes against humanity Genocide War crimes

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This page was last edited on 11 May 2024, at 09:28

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