Law Vs Substantive Law

Introduction

Law is a dynamic force for maintaining social order and preventing chaos in society. It is difficult to imagine the existence of a community without law. Lawmakers, courts, and other officials of the law help to preserve a harmonious society. A basic understanding of the law and the legal process of one's community promotes a better understanding of society. Law embodies the story of a nation's development through the centuries. From primitive customs, codes, and practices, the law of a nation evolves, becoming a sophisticated system administered by highly trained jurists. That which makes up our present day law should not be taken for granted. It represents years of struggle and thought.

Law is not merely a body of static rules

It is the positive law of duties and rights. It refers to the meaning of life, liberty, and property, applies mainly to criminal law, that is, to the definition of crimes and punishments. Substantive law determines the rights and duties of a person and it deals with the structure and facts of the case. The law has independent power and capacity to decide the fate of the case. In any way it cannot be applied in non-legal contexts. We could say that how should a murder explained in the form of example. Depending upon the circumstances and whether the murderer had the intent to commit the crime, the same act of homicide can fall under different levels of punishment. In a nutshell, substantive law deals with the substance of the case, how the charges are to be handled and how the facts are to be dealt with.

General examples include the laws regarding torts (laws against any wrong doing for which an action for damages be brought), contracts, and real property. A specific example of a substantive law is a law prohibiting trespassing on another’s property.

Substantive law, which refers to the actual claims and defences whose validity is tested through the procedures of procedural law, is different from procedural law. 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.

A specific example of a civil law is a law providing that all contracts for the sale of real property must be in writing. It deals with the duties between private parties; and any violation of it is a wrong between the parties, not a wrong against the whole community. Civil law deals with the resolution of disputes between individuals or organizations. These resolutions seek to provide a legal remedy to the wining litigant. Civil law is the legal system that used in most countries around the world in order to protect and promote peace and