Substantive law - Wikipedia, the free encyclopedia

http://en.wikipedia.org/wiki/Substantive_law[12/08/2012 20:35:29]

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Substantive lawFrom Wikipedia, the free encyclopedia

Substantive law is the statutory or written law that defines rights and duties, such as crimes andpunishments (in the criminal law), civil rights and responsibilities in civil law. It is codified in legislatedstatutes or can be enacted through the initiative process.

Substantive law stands in contrast to procedural law, which is the "machinery" for enforcing thoserights and duties. Procedural law comprises the rules by which a court hears and determines whathappens in civil or criminal proceedings, as well as the method and means by which substantive lawis made and administered.

However, the way to this clear differentiation between substantive law and, serving the substantivelaw, procedural law has been long, since in the Roman civil procedure the actio included bothsubstantive and procedural elements (see procedural law). [1]

1. ^ Reed, Shedd, Corley, and Morehead, The Legal and Regulatory Environment of Business.

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