Regress threatens throughout Lyotard’s Differend, especially where the argument appears to make normative ethical or political claims. How a term, a case or an example “links onto” a phrase serves as a way of examining how instituting can be non-regressively grounded, and with what consequences for abstract political subjectivity. The essay offers an alternative to liberal philosophical (Arendt, Nussbaum) and jurisprudential (Marbury v. Madison) schemata of political institution.

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