Can you avoid any law you do not consent to? Can you avoid paying taxes by declaring yourself sovereign? Do courts operate under admiralty or maritime law? No. But welcome to the strange world of pseudolaw.
This is the first-ever edited volume solely dedicated to examining pseudolaw and its most prominent adherents, sovereign citizens. Drawing on the expertise of judges, criminologists, legal theorists and political sociologists, this collection offers insights into the global growth and alarming adaptability of pseudolaw. While it might be tempting to laugh at the ridiculousness of pseudolaw, it is a serious matter. People who make these claims rob themselves of meaningful legal opportunities and impose great costs to themselves, the administration of justice, and the community. Pseudolaw is also linked to violent extremism and indicative of growing social insecurity.
Part I offers ways to analyse and differentiate pseudolaw from other forms of conspiracy ideation and fringe legal interpretation. Part II examines the rise of sovereign citizens and the global spread of pseudolaw. Part III explores contemporary issues arising from pseudolaw, including the rise of far-right extremism, lay-persons in judicial proceedings, fake claims of indigeneity, and fraudulent 'get out of jail' schemes. It concludes by considering how we can respond to this phenomenon.
Rezensionen / Stimmen
Conspiracy theories, ridiculous claims and falsehoods now sadly bedevil the law around the globe. These need to be tackled and understood, and this is just the book to do it. * Distinguished Professor George Williams AO, Western Sydney University, Australia * Meads v Meads, 2012 ABQB 571, one of the world's leading cases on understanding of pseudolaw characters and methods, was released by the Alberta Court of Queen's (now King's) Bench just over 12 years ago. What has changed? The chapters of Pseudolaw and Sovereign Citizens, edited by Australian and New Zealand legal scholars Harry Hobbs, Stephen Young and Joe McIntyre, published by Hart Publishing, illustrate that although pseudolaw has continued and expanded to manifest in many communities around the world, pseudolaw methods and content remain startlingly similar. That continuity means that the lessons learned about pseudolaw in one jurisdiction are often useful tools to understand and combat this phenomenon elsewhere, so as to try to maintain access to justice for legitimate litigants and save scarce resources of legal systems, worldwide.
Our understanding of pseudolaw has developed markedly over the last decade, as this "plague of ideas" that confronts legal systems has expanded. You might call this a kind of race of infection vs immunisation.
The interdisciplinary commentary in this valuable text, from academics, legal professionals and judges, provides important context "from the trenches," and with a more remote and strategic perspective. Knowing the enemy is a first and necessary step to effective countermeasures. * Hon. John D. Rooke, K.C. Former Associate Chief Justice of the Alberta Court of King's Bench * This book is incredibly helpful in explaining the origins and basis of a range of pseudolaw arguments so that reasoned responses can be given. It shows how various countries have dealt with this phenomenon, including successful strategies in Canada that have continued its growth. Most worryingly, it exposes the risks of its expansion into new areas, particularly in Indigenous communities. I found it both enlightening and frightening, but most importantly, useful. * Anne Twomey AO, Professor Emerita, Sydney Law School *
Sprache
Verlagsort
Verlagsgruppe
Bloomsbury Publishing PLC
Zielgruppe
Für Beruf und Forschung
Für höhere Schule und Studium
Produkt-Hinweis
Broschur/Paperback
Klebebindung
Maße
Höhe: 234 mm
Breite: 156 mm
Dicke: 25 mm
Gewicht
ISBN-13
978-1-5099-7895-3 (9781509978953)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Harry Hobbs is Associate Professor at the Faculty of Law and Justice, University of New South Wales, Australia.
Stephen Young is Associate Professor at the Faculty of Law, University of Otago, New Zealand.
Joe McIntyre is Associate Professor at the Faculty of Justice and Society, University of South Australia.
Herausgeber*in
University of New South Wales, Australia
University of Otago, New Zealand
University of South Australia
Foreword, Mark Pitcavage (Anti-Defamation League Center on Extremism, USA)
1. Understanding Pseudolaw, Harry Hobbs (University of Technology Sydney, Australia), Stephen Young (University of Otago, New Zealand) and Joe McIntyre (University of South Australia)
Part I: Theorising Pseudolaw
2. Pseudolaw, Folk Law and Natural Law: How to Tell the Difference, Jonathan Crowe (University of Southern Queensland, Australia)
3. Pseudolaw and Legal Fictions: Vaccine Mandate Claims During the COVID-19 Pandemic and Future Implications, Maria O'Sullivan (Deakin Law School, Australia)
4. Pseudolaw as Utopia and Legal Smorgasbord, Bruce Baer Arnold (University of Canberra, Australia)
5. Failure to Perform: How can Theatre and Performance Studies Help us Understand Conspiracy Theories? Kate Leader (Queen Mary, University of London, UK)
Part II: The Operation and Practice of Pseudolaw around the Globe
6. The Rise of Sovereign Citizen Pseudolaw in the United States of America, Stephen Young, Harry Hobbs (University of Technology Sydney, Australia) and Rachel Goldwasser (Southern Poverty Law Center, USA)
7. The Sun Only Shines on YouTube: The Marginal Presence of Pseudolaw in Canada, Donald J Netolitzky (Alberta Court of King's Bench, Canada)
8. A Kind of Magic: Pseudolaw in Australia, Glen Cash (District Court of Queensland, Australia)
9. Asserting Sovereignty: An Empirical Analysis of Sovereign Citizen Litigation in Australian Courts, Marilyn McMahon (Deakin Law School, Australia)
10. 'Germanite is a Rare Mineral': Sovereignism in Germany, Anna Loebbert (University of Oxford, UK)
Part III: Emerging Areas and Issues Involving Pseudolaw
11. American State Nationals: The Next Iteration of the Sovereign Citizen Movement, Christine M Sarteschi (Chatham University, USA)
12. Traffic Matters and Pseudolaw: Th e Big Shakedown, David Heilpern (Southern Cross University, Australia)
13. The 'First Nation Medical Board': A Case Study of Pseudolegal Parasitisation of Legitimate Indigenous Sovereignty, Colin McRoberts (University of Kansas, USA)
14. Pseudolaw Advocates: Managing Advocates who Advance Pseudolaw Arguments, Bridgette Toy-Cronin (University of Otago, New Zealand)
15. The Paradox of Pseudolaw and Sovereign Citizen Ideology: Vulnerability, Malevolence and Disengagement, Josh Roose (Deakin University, Australia)
16. Responding to Pseudolaw, Harry Hobbs (University of Technology Sydney, Australia), Stephen Young (University of Otago, New Zealand) and Joe McIntyre (University of South Australia)
