In conscious life, we achieve some sense of ourselves as reasonably unified, coherent selves, and without this action would be impossible. But all this is merely at the ‘imaginary’ level of the ego, which is no more than the tip of the iceberg of the human subject known to psychoanalysis. The ego is function or effect of a subject which is always dispersed, never identical with itself, strung out along the chains of the discourses which constitute it. There is a radical split between these two levels of being — a gap most dramatically exemplified by the act of referring to myself in a sentence. When I say ‘Tomorrow I will mow the lawn,’ the ‘I’ which I pronounce is an immediately intelligible, fairly stable point of reference which belies the murky depths of the ‘I’ which does the pronouncing. The former ‘I’ is known to linguistic theory as the ‘subject of the enunciation’, the topic designated by my sentence; the latter ‘I’, the one who speaks the sentence, is the ‘subject of the enunciating’, the subject of the actual act of speaking. In the process of speaking and writing, these two ‘I’s’ seem to achieve a rough sort of unity; but this unity is of an imaginary kind. The ‘subject of the enunciating’, the actual speaking, writing human person, can never represent himself or herself fully in what is said: there is no sign which will, so to speak, sum up my entire being. I can only designate myself in language by a convenient pronoun. The pronoun ‘I’ stands in for the ever-elusive subject, which will always slip through the nets of any particular piece of language; and this is equivalent to saying that I cannot ‘mean’ and ‘be’ simultaneously. To make this point, Lacan boldly rewrites Descartes’s ‘I think, therefore I am’ as: ‘I am not where I think, and I think where I am not.
A system of justice does not need to pursue retribution. If the purpose of drug sentencing is to prevent harm, all we need to do is decide what to do with people who pose a genuine risk to society or cause tangible harm. There are perfectly rational ways of doing this; in fact, most societies already pursue such policies with respect to alcohol: we leave people free to drink and get inebriated, but set limits on where and when. In general, we prosecute drunk drivers, not inebriated pedestrians.In this sense, the justice system is in many respects a battleground between moral ideas and evidence concerning how to most effectively promote both individual and societal interests, liberty, health, happiness and wellbeing. Severely compromising this system, insofar as it serves to further these ideals, is our vacillation or obsession with moral responsibility, which is, in the broadest sense, an attempt to isolate the subjective element of human choice, an exercise that all too readily deteriorates into blaming and scapegoating without providing effective solutions to the actual problem. The problem with the question of moral responsibility is that it is inherently subjective and involves conjecture about an individuals’ state of mind, awareness and ability to act that can rarely if ever be proved. Thus it involves precisely the same type of conjecture that characterizes superstitious notions of possession and the influence of the devil and provides no effective means of managing conduct: the individual convicted for an offence or crime considered morally wrong is convicted based on a series of hypotheses and probabilities and not necessarily because he or she is actually morally wrong. The fairness and effectiveness of a system of justice based on such hypotheses is highly questionable particularly as a basis for preventing or reducing drug use related harm. For example, with respect to drugs, the system quite obviously fails as a deterrent and the system is not organised to ‘reform’ the offender much less to ensure that he or she has ‘learned a lesson’; moreover, the offender does not get an opportunity to make amends or even have a conversation with the alleged victim. In the case of retributive justice, the justice system is effectively mopping up after the fact. In other words, as far as deterrence is concerned, the entire exercise of justice becomes an exercise based on faith, rather than one based on evidence.