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Abstract
This essay argues that Rawls's recent constructivist approach waivers between a relativist defense and a more Kantian account which grounds his conception of justice in the idea of an agreement between free and equal moral persons. It is suggested that this ambiguity lies at the center of his attempt to provide a "political not metaphysical" account which is also not "political in the wrong way".

AbstractThe authors aim to reveal both the potentialities and limitations of recent attempts by Dworkin and Rawls (especially in the latter's work since the publication ofA Theory of Justice) to work out a constructivist conception of right to serve as the groundwork of a rights-based theory of justice. The constructivist conception of right is promising, the authors argue, because it points beyond both teleological naturalism and instrumentalism as conceptions of right. The authors, however, find Dworkin and Rawls's constructivism to be ultimately inadequate, and argue that their project would be furthered through consideration of the constructivist aspects of Rousseau's conception of right as articulated inThe Social Contract.

I: Fundamentals of Moral Action -- Empirical and Intelligible Character in the Critique of Pure Reason -- Morality as Freedom -- On the Formalism of Kant's Ethics -- Agency and Anthropology in Kant's Groundwork -- The Submission of our Sensuous Nature to the Moral Law in the Second Critique -- II: Moral Practice and Knowledge -- Theory as Practice in Kant -- Autonomy, Omniscience and the Ethical Imagination: From Theoretical to Practical Philosophy in Kant -- The Interests of Reason: From Metaphysics to Moral History -- III: From Morality to Justice and History -- Kant's Principle of Justice as Categorical Imperative of Law -- Histoire et Guerre chez Kant -- Freedom as a Regulative Principle: On Some Aspects of the Kant-Herder Controversy on the Philosophy of History -- IV: Kant in Contemporary Contexts -- How Kantian is Rawls's "Kantian Constructivism"? -- The Ideal Speech Situation: Neo-Kantian Ethics in Habermas and Apel -- Kant: Respect, Individuality and Dependence.

Foreground -- I / The Creative Act as the Point of Phenomenological Access to the Human Condition -- II / The Structure of the Present Work -- III / Man-The-Creator and His Triple Telos -- The First Panel of the Triptych the Eros and Logos of Life within the Creative Inwardness -- The Outlines of an Inquiry -- I / The Emergence of the Problem of Creation: The Poet-Creator Versus the Philosopher -- II / Creative Reality -- III / The Factors in the New Alliance Between Man and the World -- The Theoretical Results of Our Analyses and the Perspectives they Open the Creative Context -- Concluding by Way of Transition to the Central Panel of the Triptych -- The Central Panel of the Triptych (Panel Two) the Origin of Sense The Creative Orchestration of the Modalities of Beingness within the Human Condition -- One the Creative Context as Circumscribed by the Creative Process — its Roots "Below" and its Tentacles "Above" the Life-World: Uncovering the Primogenital Status of the Great Philosophical Issues -- I / Art and Nature: Creative Versus Constitutive Perception -- II / The Below and the Above of Creative Inwardness: The Human Life-World in its Essential New Perspective -- III / The Creative Process And The "Copernican Revolution" In Conceiving The Unity Of Beingness: The Creative Process As The Gathered Center and Operational Thread of Continuity among All Modalities of Being in the Constructive Unfolding of Man's Self-Interpretation-in-Existence -- Two the Trajectory of the Creative Ciphering of the Original Life Significance: The Resources and Architectonics of the Creative Process -- I / The Incipient Phase of the Creative Process -- II / The Creative Trajectory Between the Two Phases of the Life-World -- III / The Passage from the Creative Vision to the Idea of the Creative Work -- IV / Operational Architectonics of the Surging Creative Function in the Initial Creative Constructivism -- V / The Architectonic Logic in the Existential Passage from the Virtual to the Real — The Will -- VI / The Intergenerative Existential Interplay in the Transition Phase of Creativity -- Coda / Conclusive Insights into the Question of "Reality" as the Outcome of Our Foregoing Investigations -- Three the Creative Orchestration of Human Functioning: Constructive Faculties and Driving Forces -- I / The Surging of the Creative Orchestration within Man's Self-Interpretation-In-Existence: Passivity Versus Activity; The Spontaneous Differentiation of Constructive Faculties and Forces -- II / Imaginatio Creatrix: The "Creative" versus the "Constitutive" Function of Man, and the "Possible Worlds" -- Four the Human Person as the All-Embracing Functional Complex and the Transmutation Center of the Logos of Life -- I / The Notion of the "Human Person" at the Crossroads of the Understanding of Man within the Life-World Process -- II / The Moral Sense of Life as Constitutive of the Human Person -- III / The Poetic Sense: The Aesthetic Enjoyment which Carries the Lived Fullness of Conscious Acts -- IV / The Intelligible Sense in the Architectonic Work of the Intellect -- Notes -- Index of Names -- Index of Subjects -- Table of Contents to Book 2 (The Third Panel of the Triptych).