Law is based on a theory of personhood; that is, the concept of someone who can make choices and suffer consequences, and who understands the threat of sanction. The doctrine of informed consent (indeed, most of American political theory) presumes that we are not just subjects to be directed, but rather autonomous beings capable of making independent decisions. And for me, psychoanalysis provides the most interesting route to understanding what that truly means, because psychoanalysis asks fundamental questions: Why do people do what they do? When can people be held responsible for their
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