Abstract

John Searle, in several articles and books, has contended that institutions incorporating status functions with deontic powers are created by collective acceptance. I argue that collective acceptance can create new status functions with deontic powers only if other status functions with deontic powers already exist, so that collective acceptance can create new institutions only if other institutions are presupposed. So, the claim that institutions depend upon collective acceptance involves a vicious infinite regress. I provide an example to show how an institution of slavery could be created by individual acceptances plus mutual belief about those acceptances. I consider whether an institution could be created by individual acceptances without mutual belief about those acceptances; but my conclusion is largely negative. I contend that the emergence of a new institution presupposes an existing institutional context and I explain how infinite regress can be avoided.