Legal positivism

Legal positivism distinguishes the existence of law from its moral correctness. A rule is legally valid because it has been made, recognized, or applied through accepted legal sources, not because it is just. Positivists differ on whether moral criteria may be incorporated by a legal system, but they share the focus on institutional facts. In Swiss law, the approach helps explain the importance of enacted legislation, constitutional procedures, and recognized sources while leaving room for separate critique of whether the law is fair or legitimate.