Pseudolaw: Definition and Meaning

Pseudolaw is based on nonexistent laws or legal principles but which the advocate or adherent mistakenly believes exist. It is a collection of regulations that appear to be laws but are actually only legal formalities. Pseudolaw generally appeals to persons looking for a solution to their financial or legal issues or against alleged abuses and invasions by the government.

In attempts to escape debt or prevent foreclosure, as part of financial scams, it has been used to dispute the jurisdiction of courts or even the legitimacy of governments, challenging specific laws, taxes, and penalties. Tax protestors, conspiracy theorists, and some sorts of vexatious litigants frequently use this strategy.

What is the Meaning of Pseudolaw?

A body of laws that sound lawful but are actually incorrect is known as pseudolaw. Pseudolaw is currently present in many nations throughout the world, yet it is amazingly consistent from one country to the next. It is the claims, convictions, or behaviours purporting to be grounded in established law or jurisprudence but that materially depart from widely recognised legal doctrines.

Features of Pseudolaw

Pseudolaw has unique characteristics and these are −

• It frequently asserts that it is based on "common law" while having no connection to actual common law cases from the past or present.

• It could be applied by litigants who bring frivolous or vexatious claims. Paper terrorism is the term used to describe the more severe types of pseudolegal strategies.

• Pseudolitigation can take up a lot of court time.

• Pseudolaw users typically forego hiring actual attorneys. They usually rely on tactics and arguments pushed and marketed.

• Websites, isolated papers, books of various lengths, seminars, radio broadcasts, instructional DVDs, and, most importantly, YouTube videos are used to promote and sell pseudolegal theories and methods.

Core Elements of Pseudolaw

There are six major elements in Pseudolaw and these are −

Everything is a Contract

In the Pseudolaw, contracts play a key function. According to traditional legal doctrine, a contract is a legally enforceable agreement that comes from the consent of two parties to a reciprocal trade. A contract is an agreement wherein two equal parties agree to behave in a certain way. When one party offer might be concealed by even seemingly harmless wording then pseudolaw comes into the picture in contract form.

Silence Means Agreement

The scope of contractual contact is further broadened by a second fundamental tenet of pseudolaw. The Silence Means Agreement rule deviates from the accepted legal maxim that an agreement must be disclosed.

One cannot "foist" a legally enforceable obligation on another person in jurisdictions with a common law heritage. “Qui non negat fatetur”, which literally translates to "He who does not deny, admits," is a legal maxim that is supposedly the foundation for the silence means acceptance rule. Nevertheless, that maxim only applies to a certain type of court document: filings that commence a lawsuit or a defence.

No Injured Party

The prohibition against harming another person or their property is a fundamental "Common Law" concept, as was already mentioned. The corollary has been codified by Pseudolaw as a rule. If no one was hurt, there is no legal basis for intrusion because every crime has a victim. Therefore, personal injury law, or "tort law," is included in the Pseudolaw.

For example, a car accident. If the other car or its occupants are injured, the at-fault driver is required by law to pay damages to make up for the harm.

Defective or Limited State Authority

The Pseudolaw's second component is an explanation of why the legal power of the government is not as broad or comprehensive as is typically conveyed and taught. This aspect is the only part of the pseudolaw that varies significantly depending on the host community. That is not surprising given that the Defective or Limited State Authority explanation's specifics often arise from the local jurisdiction's history or the characteristics of the host group for the pseudolaw.

The “Strawman” Duality

The "Strawman" is exclusively a Pseudolaw invention. A "corporation," a legal entity run by, but distinct from, its owners, is the closest analogue in "traditional" legal systems. The "corporate veil" of a company provides its owner(s) with benefits and protection, but the "Strawman" is more of a parasitic legal entity placed on people to exercise external influence and control. In reality, there are many similarities between the "Strawman" and exorcism and demonic possession legends.

Fiscal Misconceptions

The Pseudolaw last element is a group of ideas that purport to offer a way to get money for nothing or a way to avoid debt. Just an outline of these ideas will be provided in this essay.

The oldest fiscal myth is a result of fractional reserve banking, a feature of contemporary banking procedures. Banks lend more money than they really have on deposit, to put it briefly. This reality has given rise to the myth that banks "make money out of thin air," and as a result, a borrower is not obligated to repay this fictitious money.

Theories of Pseudology

There are basically two major theories −

Common Beliefs

The pseudolegal doctrine is the idea that people have partial or complete sovereign immunity from the laws of the nation in which they reside, and that only certain laws, if any, apply to them. The freemen on the land and the sovereign citizen movements, whose philosophies are founded on peculiar interpretations of "common law," are examples of organisations that hold similar views. The "common law" that pseudolegal ideas are said to be founded on is mainly based on a distorted view of old English law, combining real but incorrectly understood legal maxims with antiquated, generally mediaeval, writings like the Magna Carta, as well as genuine fabrications.

Other Theories

Individuals who practise pseudolaw may make improbable arguments, subscribe to several other conspiracy theories, and occasionally have outlandish views. In order to challenge the court's jurisdiction over them, defendants may, for instance, assert that they were not born in or are currently inhabitants of the nation where the case is being heard.

Conclusion

The Pseudolaw is apparently acceptable and appealing to virtually every anti-state organisation because it professes to offer a system to both isolate and immunise oneself from state authority, but also gives a vehicle to fight back against perceived illegitimate official action through fee schedules and other imposed unilateral agreements. It should be noted that the basic Pseudolaw does not, in and of itself, encourage the establishment of vigilante courts, police, and other forms of pseudo-government, even if these are a well-known response to state power that is thought to have disregarded the actual "Common Law" pseudolaw.

Frequently Asked Questions

Q1. What are examples of pseudolaw?

Ans. In order to challenge the court's jurisdiction over them, a defendant can, for instance, assert that they were not born in or are currently residents of the nation where the case is being heard.

Q2. What does pseudo mean in law?

Ans. Pseudolaw having an outward impression of being in line with the legal profession but in reality being unqualified or disrespecting its principles.

Q3. Why is it called "pseudo"?

Ans. The term "pseudo is derived from the Greek word "pseudes," which means "false," and is used to indicate anything that on the surface seems to be (or acts like) one thing but is actually another.