The Formal Aspects of Law

Law

The power to make laws varies from country to country and is a direct function of political power. Political power can also be commanded by military power. Although difficult to accomplish, revolts against political-legal authority are a recurring theme in politics. The political landscape of different countries can vary dramatically. However, the basic principle behind making laws remains the same: political action results in law.

Formal aspects

The study of the formal aspects of law is a relatively recent discipline within legal theory. It focuses on the characteristics of the legal system in a particular society. It is an important subject for legal philosophy and legal theory. It also has some connections to informatics, another relatively recent discipline. In general, this field concerns the role of the legislator in interpreting laws.

Procedural rules are important to ensure that proceedings are fair and efficient. They also tend to reduce the time needed to resolve disputes. Parties who are not familiar with these rules may be at a disadvantage during proceedings.

Procedural aspects

Law has two important aspects: the substantive and the procedural. The substantive aspect of law relates to the ‘what’ of the law, and the procedural aspect is the ‘how’. These aspects affect how legislation is implemented and applies. If a law changes a right or responsibility, the procedural aspect is concerned with the process of the change or the action that will take place.

Procedural aspects of law are the rules and procedures used by courts in criminal and civil proceedings. These rules and procedures determine the outcome of a case and give a step-by-step plan for how the law is to be enforced.

Substantive values

The principles of substantive law guide judges’ application of the law. They are not procedural rules; they are important social values that good jurists do not ignore. For example, equality is a substantive value, and the rule of law should promote equality among individuals. These principles also affect litigation, and the Federal Rules of Civil Procedure recognize this effect and encourage “transsubstantive” rules to streamline the process.

Transsubstantivity, as David Marcus has called it, refers to rules that are uniform in all substantive legal claims. It also means that the rules of one jurisdiction apply equally to another.