In an attempt to solve “the problem of rule-following” in his book Člověk a pravidla (Man and Rules) Jaroslav Peregrin draws on a certain interpretation of notes by the late-Wittgenstein. The main aim of this study is to demonstrate that this interpretation is seriously incomplete. In other words, this study does not take issue with Peregrin’s own conception of rules as social institutions which are nothing but our creation, but with his presentation of Wittgenstein as a proponent of this view. Wittegenstein’s notes in the Philosophical Investigations argue that speakers’ agreement in psychological and physiological experiencing and expression are a necessary condition for many social institutions, being a sine qua non for their creation and their functioning. A basic assumption here is that even the actual act of constituting an institution must be built upon something.