Institutionalism – A New Theory of Action, Law, and Democracy

“The rules and realities of the game of chess determine, in equal measure, certain obligations of play (which are realised upon entering the game with a partner), as well as the possibilities of moves, but not the factual features of the game. The decision how to act depends on the decision of the player, who chooses from the class of possible moves. It is important to point out that the choice of a move (a game programme or a segment of a programme, for example a sequence of three moves) is determined by another kind of rules – strategic chess rules. The same applies by analogy to conduct within other systems of norms. Legal rules and legal institutions constitute only the framework of the conduct of persons. The aims pursued by a given person, that person’s preferences, and the rules of successful conduct (naturally, in relation to those aims and preferences) determine decision-making and conduct.”Author: Ota Weinberger