Abstract

Eric Nelson has recently argued that John Rawls’ interpretation of the maxim to respect persons as ends in themselves which grants priority to our least-advantaged citizens violates the liberal commitment to neutrality towards each person’s capability to choose her or his conception of the good. This violation is revealed by the sectarian character of Martha Nussbaum’s list of capabilities, her Aristotelian extension of Rawls’ distributive ethics. I argue that Nelson advances an elitist interpretation of the non-violability of persons, in which the capabilities of oneself are set in opposition to those of an other. He thus overlooks for his purposes the anti-sacrificial telos of the Rawlsian principles of justice which articulates the capabilities of oneself as another. Nelson’s elitism may itself be traced to Nussbaum’s rejection of Rawls’ distributive figuration of capability, the Aristotelian heritage of which is developed by Paul Ricoeur and which underwrites civic phronēsis on societal norms of reciprocity.