Tinfoil Hats and Powdered Wigs: Thoughts on Pseudolaw

Abstract

This article describes “pseudolaw,” the phenomenon of individuals who use elaborate, fictional rules in real-world courts and legal disputes. I explain why "pseudolaw" is a better label for this phenomenon than more common but less accurate terms like "sovereign citizen," and describe several real-world examples (such as the pseudolegal guru who claimed to have developed a quantum legal language that would defeat any lawyer, and to be the King of Hawaii). I then discuss the harms pseudolaw does to the legal system, the general public, and pseudolawyers themselves, as well as several likely causes of pseudolegal ideation. Finally, I propose solutions that judges, court staff, practitioners, and the public can use to help stem the growth of pseudolaw.

Keywords: law, pseudolaw, pseudolawyer, irrationality, sovereign citizen, freeman

JEL Classification: K00, K34, K42, K49, K40