rocedural law"/"Substantive law" in various languages [edit] "Procedural law" in contrast to "substantive law" is a concept available in vari ous

legal systems and languages. Similar to the English expressions are the Span ish words derecho subjetivo and derecho material or derecho sustantivo, as well as the Portuguese terms for them, direito adjetivo and direito substantivo. Othe r ideas are behind the German expressions formelles Recht (or Verfahrensrecht) a nd materielles Recht as well as the French droit formel/droit matriel, the Italia n diritto formale/diritto material and the Swedish formell rtt/materiell rtt; all of which, taken literally, means "formal" and "material" law. The same oppositio n can be found in the Russian legal vocabulary, with ???????????? ????? for subs tantive law and ?????????????? ????? for procedural. In Chinese, "procedural law " and "sustantive law" are represented by these characters: "???" and "???". In Germany the expressions formelles / materielles Recht were developed in the 1 9th century, because only during this time was the Roman actio split into proced ural and substantive components. The substance of "Procedural law"/"Substantive law" in Europe [edit] In the European legal systems the Roman law had been of great influence. In anci ent times the Roman civil procedure applied to many countries. One of the main i ssues of the procedure has been the actio (similar to the English word "act"). I n the procedure of the legis actiones the actio included both procedural and sub stantive elements. Because during this procedure the Praetor had granted, or den ied, litigation by granting or denying, respectively, an actio. By granting the actio the praetor in the end has created claims. I.e. a procedural act caused su bstantive claims to exist. Such priority (procedure over substance) is contrary to what we think of the relationship nowadays. But it has not only been an issue of priority and whether the one serves the other. Since the actio had been comp osed of elements of procedure and substance it was difficult to separate both pa rts again. Even the scientific handling of law, which developed during medieval times in th e new universities in Italy (in particular in Bologna, Mantua), did not come to a full and clear separation. (The English system of "writs" in the Middle Ages h ad a similar problem to the Roman tradition with the actio.) In Germany the unity of procedure and substance in the actio definitely was brou ght to an end with the codification of the Brgerliches Gesetzbuch (BGB) which cam e into force on January 1, 1900. The expression Anspruch ( 194 of BGB) - meaning "claim" - has been "cleared" from procedural elements. And this was the time for "founding" the terms formelles / materielles Recht. However, after World War II the expression formelles Recht obviously was found to be "contaminated" and to a broad extent has been replaced by Prozessrecht, narrowing the idea behind it t o "law of litigation" (thereby excluding e.g. the law of other procedures and th e law on competences). See also [edit] Civil procedure Criminal procedure Hearing (law) Legal technicality Vyavahara Literature [edit] Europe in ancient and medieval times / Germany [edit] Andreas Kollmann: Begriffs- und Problemgeschichte des Verhltnisses von formellem und materiellem Recht, edition: Duncker & Humblot, Berlin, Schriften zur Rechtsg eschichte no. 68, 1996 Notes [edit] This law-related article does not cite its references or sources. You can help W ikipedia by including appropriate citations, which can be found through legal re search. (December 2007)

Further reading [edit] Cardozo, Benjamin N. (1998). The Nature of the Judicial Process. New Haven: Yale University Press. Frank, Jerome (1985). Law and the Modern Mind. Birmingham, AL: Legal Classics Li brary. Levi, Edward H. (1949) An Introduction to Legal Reasoning. Chicago: University o f Chicago Press. Marshall, Thurgood (2001). Thurgood Marshall: His Speeches, Writings, Arguments, Opinions and Reminiscences. Chicago: Lawrence Hill Books. Miller, Arthur S. (1985). Politics, Democracy and the Supreme Court: Essays on t he Future of Constitutional Theory. Westport, CT: Greenwood Press. Tribe, Laurence (1985). God Save This Honorable Court: How the Choice of Supreme Court Justices Shapes Our History. New York: Random House. Zelermyer, William (1977). The Legal System in Operation. St. Paul, MN: West Pub lishing. External links