Can There Be Institutions Without Constitutive Rules?

Institutions depend on rules. But on what kind of rules? It has been argued that they depend on constitutive rules, this in contrast to ordinary social practices, which depend on regulative rules instead. The underlying idea is that constitutive rules differ categorically from regulative rules. Against this, I argue that regulative rules can be transformed into constitutive rules by doing little more than introducing a status term. The presence or absence of a status term does not make a difference to whether a social practice qualifies as an institution. In light of this, I propose that, pace Searle, there can be institutions without constitutive rules. Furthermore, even if it sounds somewhat paradoxical, regulative rules can constitute institutions. This implies that the distinction between social practices and institutions cannot be drawn in terms of these two kinds of rules. Following Tuomela, I propose to draw this distinction in terms of social norms instead: in contrast to ordinary social practices, institutions are governed by social norms. Hence, what is distinctive of institutions is that they feature deontic powers.