Substantive law
The substantive law is consisted of the whole of the legal rules into force in a State or a whole of States of the International community, at a given moment, whatever their source.
The substantive law is an alive right. It gathers two large currents of thought.
-
positivism legalist : Idea according to which the Substantive law is dictated by the political authorities, and is sufficed for itself. Law, therefore justice, is identified with the law.
- sociological positivism : Idea according to which the Substantive law is the expression of the company. It is a social phenomenon to seek by observing the company.
The substantive law is based on the theory of the Normativisme, worked out by the theorist Hans Kelsen at the 20th century, which structure the Droit in a Hiérarchie of the standards (or Pyramide of the standards).
It is a legal form of Positivisme.
It is the right “posed”, of " positum" , the right such as there really exists.
The substantive law and the natural Right are two forms of right, complementary, but nonsimilar.
See too
- Normativisme
- Hierarchy of the standards
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