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Substantive law

society Maturity 5-7 Next article →

Laws help people live together in a group. One special kind of law is called substantive law. It tells people how they should behave. This law defines our rights and our duties. It also names crimes and their punishments.

Substantive law is different from procedural law. Procedural law is a set of steps. These steps help make and use the laws. One law decides the final outcome. The other law decides the way to do things.

Substantive laws can be found in different ways. Some are written down in official rules called statutes. Other laws exist through something called precedent. Precedent is when people look at past choices. This way of making law is called common law.

A man named Henry Sumner Maine wrote about this. He lived a long time ago. He wrote a book in 1890. He said early laws were hard to see. He thought they were hidden inside technical forms. He said they were secreted in the gaps of procedure.

Many experts have studied these two kinds of law. Glanville Williams wrote about them in 1982. John W. Salmond wrote about them in 1893. Walter Denton Smith wrote about them in 1894. Abraham Lawrence Sainer wrote a book in 1967. These thinkers help us understand how rules work.

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