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Substantive law is the set of laws that governs how members of a society are to behave. [1] It is contrasted with procedural law , which is the set of procedures for making, administering, and enforcing substantive law. [ 1 ]
One example of substantive right is substantive equality. Substantive equality is concerned with equality of outcome for all subgroups in society including disadvantaged and marginalized groups. [ 1 ] [ 2 ] [ 3 ] Substantive rights are contrasted with procedural rights , which are purely formal rules of law that only prescribe how a law ought ...
Experimental jurisprudence (X-Jur) is an outgrowth of the broader experimental philosophy (X-Phi) movement. Emerging in the early 2000s, and focusing initially on the folk concepts of semantic reference, knowledge, and intentional action, X-Phi represented a rejection of analytic philosophy's traditional 'armchair' speculation about common conceptual intuitions. [5]
Aspects of procedural justice are an area of study in social psychology, sociology, and organizational psychology. [1] [2] Procedural justice concerns the fairness (formal equal opportunity) and the transparency of the processes by which decisions are made, and may be contrasted with distributive justice (fairness in the distribution of rights ...
The term legal technicality is a casual or colloquial phrase referring to a technical aspect of law. The phrase is not a term of art in the law; it has no exact meaning, nor does it have a legal definition. In public perception, it typically refers to "procedural rules that can dictate the outcome of a case without having anything to do with ...
Substantive law, which refers to the actual claim and defense whose validity is tested through the procedures of procedural law, is different from procedural law. In the context of procedural law, procedural rights may also refer not exhaustively to rights to information, access to justice, and right to counsel, rights to public participation ...
Substantive due process is to be distinguished from procedural due process. The distinction arises from the words "of law" in the phrase "due process of law". [ 3 ] Procedural due process protects individuals from the coercive power of government by ensuring that adjudication processes, under valid laws, are fair and impartial.
Therapeutic Jurisprudence also has been applied in an effort to reframe the role of the lawyer.It envisions lawyers practicing with an ethic of care and heightened interpersonal skills, who value the psychological well being of their clients as well as their legal rights and interests, and to actively seek to prevent legal problems through creative drafting and problem-solving approaches.