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What is a clear definition for substantive justice?

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Quick Answer

Substantive justice is the way in which the law constrains and directs behavior. It suggests that corrective treatments should be equal at every step of the legal process.

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Procedural law is the method of enforcing substantive law, and it includes the steps taken by lawyers and the courts to determine the ways substantive laws are carried out. Substantive law outlines and describes the statutes of civil law, which is the set of rules that govern and define the system of rules, crimes and punishments within a society.

Substantive justice is designed to offer an interpretation of the specific delivery of corrective actions in response to a violation of the rights of another. Like social justice, which encompasses the notion of equality and valuing diversity, substantive justice seeks to develop equal treatment within the law. Its purpose is to help create equitable interpretation of civil law throughout the entirety of a legal process. It minimizes at worst and eliminates at best any discriminatory practices that develop in the course of matters like attorney or jury selection, sentencing procedures and prison term length. When applied, substantive justice ensures that fair and equitable treatment is carried out through every step of the criminal process for victims and perpetrators.

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