An Adelaide University researcher has conducted the first comprehensive study mapping the rise of pseudolaw as a distinct and rapidly growing phenomenon in South Australia.
“Pseudolaw refers to the phenomenon where people construct legal arguments that sound convincing but are fundamentally wrong, often bizarre and conspiracy-driven,” explained Associate Professor Joe McIntyre from Adelaide University’s School of Law.
“They use these theories to attempt to avoid undesired legal consequences in a way which they believe is legally significant.”
Believers promote these false claims as a way to “lawfully” avoid penalties such as speeding fines, paying taxes or complying with public health orders.
“Of course, none of these techniques or strange law-like arguments work,” Associate Professor McIntyre said.
While pseudolegal arguments have existed for decades, the study shows dramatic growth over the past ten years with 50 per cent more pseudolaw cases in the last decade than in the previous forty years combined.
Associate Professor McIntyre’s research examined published case records to conduct a detailed empirical assessment of the scale and impact of pseudolaw on South Australia’s judicial system. Published in the Adelaide Law Review, it is the first study globally to map the prevalence and form of pseudolaw litigation within a single jurisdiction.
The study provides a unique insight into the type of cases and the nature of litigants; it found litigants were overwhelmingly male and self-represented and a recurring theme involved claims that state law was somehow invalid or inapplicable.
“Taken as a whole, the database provides an important insight into how pseudolaw is appearing in the visible written record of the South Australian judicial system,” Associate Professor McIntyre said. “It has brought into sharp focus a disruptive phenomenon that was previously almost invisible to most people.”
The study is a part of Associate Professor McIntyre’s larger research focus into pseudolaw where he has uncovered that pseudolaw is now a daily feature in courts and registries across the state, placing strain on the justice system.
“Judgment times are blowing out, scarce judicial resources are being wasted on frivolous and vexatious arguments, and opposing parties are bearing significant financial and time burdens,” Associate Professor McIntyre said.
“Moreover, it presents a threat to the health and wellbeing of our judiciary and administrative staff, with the threat of violence looming darkly in the background.”
The impact extends beyond the courts where Associate Professor McIntyre described the phenomenon is consuming police resources and imposing significant costs on local governments and other authorities. These costs are borne by the public at large.
Despite its growing presence, Associate Professor McIntyre says pseudolaw remains poorly understood and the phenomenon needs more research as a priority.
“While this study allows us to better understand the phenomenon in South Australian courts, it has also highlighted just how under-studied it is more broadly. We know there is significant impact across government, but we lack comprehensive data on what that looks like,” Associate Professor McIntyre said.
“Fundamentally, pseudolaw is not a disease. Rather it is a symptom of alienation from the living institutions of the law, of limited legal literacy and meaningful access to justice.
“Pseudolaw forces us to reflect upon our legal institutions and the relationship between the public and the law, and perhaps, paradoxically, it may prompt renewed public engagement with the law and support for reform in the public interest.”
Media contacts:
Associate Professor Joe McIntyre, School of Law, Adelaide University. Mobile: +61 423 662 642. Email: joe.mcintyre@adelaide.edu.au
Lara Pacillo, Media Officer, Adelaide University. Mobile: +61 403 659 154. Email: lara.pacillo@adelaide.edu.au