To oversimplify, the law is basically divided into two parts: a) the substantive part (the actual substance of the laws, what we’re allowed and not allowed to do) and b) the procedural part (how things have to be done, the actual procedures for conducting trials, etc.) All the myriad nuances in English funnel down to just one word in Hebrew – מהותי – which is used for everything. The Hebrew often means simply “substantial” (NOT substantive), “significant,” “considerable,” “important,” “noteworthy” or any of the many other synonyms in English. It’s very context-sensitive, so the translator must decide if the author is actually talking about the content of a law, or just something that is significant. “Material,” is also מהותי in Hebrew. A material element of a contract, for example, is something without which the contract would not have been signed, such as consideration of some kind. It is also something that would affect the merits of a case, such as material evidence that can make or break the case, or a material witness who is so indispensable to a trial that he/she can even be placed in protective custody. Once again, the translator has the thankless task of trying to discern from the context whether the author is talking about something that is merely significant or something that is downright critical. Use “substantive” only if you are referring to the actual substance of a law, and use “material” only for things that are make-or-break critical. Use “significant,” “important,” etc. for everything else.
