Argumenta – Journal of Analytic Philosophy

In this article, it is argued that rules have two main functions, the practice-defining function and the constraining (fact-to-fact) function. These two functions are compatible. In their function as constraints, some rules are also indirectly regulative. In both of their functions, rules differ from the summaries (rules of thumb) that Rawls discussed and opposed to the constitutive (fact-to-fact) rules which make that some decisions are the right ones. In his work, first on the philosophy of language and later on social ontology, Searle focused on one kind of constitutive rules:…

Regulative rules regulate preexisting forms of behavior, constitutive rules make possible new forms of behavior. They constitute the phenomena they regulate. Brute facts can exist independently of any institutions. Institutional facts require pre-existing institutions, which consist of systems of constitutive rules. Constitutive rules create new forms of reality, with new powers, they typically require language, and they are the basis of human civilization.  

The paper is a critical analysis of Hubert Schwyzer’s idea of meta-institutional concepts. First, I isolate a presupposition in Schwyzer’s example of chess as ritual. I then show how Schwyzer’s idea of meta-institutional concepts is far from being the endgame in the research on levels of institutionality. In fact, we can iterate on meta-institutional concepts. Schwyzer’s idea has to face an infinite regress. I try to avoid such a regress by introducing the concept of technical end of game. A game defines its own terminal status. People playing the game…

The main purpose of the paper is to present and discuss Bernard Suits’ account of constitutive rules presented in his opus magnum—The Grasshopper. Games, Life and Utopia—and in several minor contributions, which supplement or modify his original position. This account will be regarded as a crucial part of Suits’ theory of ludic activities, mainly game-playing. The stress will be put on peculiarities of constitutive rules—their relation to ends in games, players’ attitudes and their limitative nature. The analysis of the consequences of breaking a rule in different types of actions…

In this paper, I connect J.R. Searle’s concept of constitutive rules and H.L.A. Hart’s concept of internal point of view and look for an extension of this joint paradigm in institutional ontology. I make a distinction between five different perspectives about an institution—structural, teleological, axiological, strategic, and sociological—and connect these perspectives to three kinds of concepts: institutional, meta-institutional, and para-institutional. In the light of these distinctions, I submit that an explanation of institutional phenomena requires a three-dimensional ontology consisting of a structure (framed by constitutive rules), a conceptual background, and…