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.

Substantive Law

The part of the law that creates, defines, and regulates rights, including, for example, the law of contracts, torts, wills, and real property; the essential substance of rights under law.

Substantive law and procedural law are the two main categories within the law. Substantive law refers to the body of rules that determine the rights and obligations of individuals and collective bodies. Procedural law is the body of legal rules that govern the process for determining the rights of parties.

Substantive law refers to all categories of public and private law, including the law of contracts, real property, torts, and Criminal Law. For example, criminal law defines certain behavior as illegal and lists the elements the government must prove to convict a person of a crime. In contrast, the rights of an accused person that are guaranteed by the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution are part of a body of criminal procedural law.

U.S. substantive law comes from the Common Law and from legislative statutes. Until the twentieth century, most substantive law was derived from principles found in judicial decisions. The common-law tradition built upon prior decisions and applied legal precedents to cases with similar fact situations. This tradition was essentially conservative, as the substance of law in a particular area changed little over time.

Substantive law has increased in volume and changed rapidly in the twentieth century as Congress and state legislatures have enacted statutes that displace many common-law principles. In addition, the National Conference of Commissioners on Uniform State Laws and the American Law Institute have proposed numerous model codes and laws for states to adopt. For example, these two groups drafted the Uniform Commercial Code (UCC), which governs commercial transactions. The UCC has been adopted in whole or substantially by all states, replacing the common law and divergent state laws as the authoritative source of substantive Commercial Law.

Cross-references

Model Acts; Uniform Acts.

substantive law

n. law which establishes principles and creates and defines rights limitations under which society is governed, as differentiated from "procedural law," which sets the rules and methods employed to obtain one's rights and, in particular, how the courts are conducted. (See: procedure)

单词	substantive law
释义	Substantive Law 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. Substantive Law Substantive Law The part of the law that creates, defines, and regulates rights, including, for example, the law of contracts, torts, wills, and real property; the essential substance of rights under law. Substantive law and procedural law are the two main categories within the law. Substantive law refers to the body of rules that determine the rights and obligations of individuals and collective bodies. Procedural law is the body of legal rules that govern the process for determining the rights of parties. Substantive law refers to all categories of public and private law, including the law of contracts, real property, torts, and Criminal Law. For example, criminal law defines certain behavior as illegal and lists the elements the government must prove to convict a person of a crime. In contrast, the rights of an accused person that are guaranteed by the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution are part of a body of criminal procedural law. U.S. substantive law comes from the Common Law and from legislative statutes. Until the twentieth century, most substantive law was derived from principles found in judicial decisions. The common-law tradition built upon prior decisions and applied legal precedents to cases with similar fact situations. This tradition was essentially conservative, as the substance of law in a particular area changed little over time. Substantive law has increased in volume and changed rapidly in the twentieth century as Congress and state legislatures have enacted statutes that displace many common-law principles. In addition, the National Conference of Commissioners on Uniform State Laws and the American Law Institute have proposed numerous model codes and laws for states to adopt. For example, these two groups drafted the Uniform Commercial Code (UCC), which governs commercial transactions. The UCC has been adopted in whole or substantially by all states, replacing the common law and divergent state laws as the authoritative source of substantive Commercial Law. Cross-references Model Acts; Uniform Acts. substantive law n. law which establishes principles and creates and defines rights limitations under which society is governed, as differentiated from "procedural law," which sets the rules and methods employed to obtain one's rights and, in particular, how the courts are conducted. (See: procedure)
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