Substantive law is the statutory or written law that defines rights and duties, such as crimes and punishments (in the criminal law), civil rights and responsibilities in civil law. It is codified in legislated statutes or can be enacted through the initiative process.
Substantive law stands in contrast to procedural law, which is the "machinery" for enforcing those rights and duties. Procedural law comprises the rules by which a court hears and determines what happens in civil or criminal proceedings, as well as the method and means by which substantive law is made and administered.
However, the way to this clear differentiation between substantive law and, serving the substantive law, procedural law has been long, since in the Roman civil procedure the actio included both substantive and procedural elements (see procedural law).
Famous quotes containing the word law:
“I hope I may claim in the present work to have made it probable that the laws of arithmetic are analytic judgments and consequently a priori. Arithmetic thus becomes simply a development of logic, and every proposition of arithmetic a law of logic, albeit a derivative one. To apply arithmetic in the physical sciences is to bring logic to bear on observed facts; calculation becomes deduction.”
—Gottlob Frege (1848–1925)