A Rebellion of Furious Paper Pseudolaw as a
A Rebellion of Furious Paper: Pseudolaw as a Revolutionary Legal System Donald J. Netolitzky Complex Litigant Management Counsel Alberta Court of Queen’s Bench The views expressed in this seminar are those of the author, and not those of any other member of the Court of Queen’s Bench, or the Court itself.
Pseudolaw Self-Represented Litigants (SRLs) are commonplace in Canadian courts after 2000. The usual challenge with SRLs is a lack of familiarity with law and court procedure. Post-2010 Canadian courts encounter SRLs who claim to know the law - a law different from the law applied by conventional authorities. Pseudolaw.
Pseudolaw resembles conventional law: ◦ framed like conventional law ◦ uses legal terminology ◦ points to actual legal references, cases, authorities. Pseudolaw’s rules lead to different results. Pseudolaw is rejected by courts.
Meads v Meads, 2012 ABQB 571 First investigation of Pseudolaw as a phenomenon. “Organized Pseudolegal Commercial Arguments”: ◦ “Commercial” – Pseudolaw is a product ◦ “Organized” – Pseudolaw is accepted and used in groups organized around key teachers/leaders – “gurus”. A “collecting” judgment: ◦ cites 149 Canadian pseudolaw decisions ◦ groups pseudolaw concepts / themes ◦ “a textbook disguised as a judgment”.
Meads v Meads, 2012 ABQB 571 Unexpectedly successful: ◦ 166 Canadian citations ◦ endorsed by five Canadian Courts of Appeal ◦ cited throughout Commonwealth: Australia, New Zealand, Republic of Ireland, Northern Ireland, Scotland, Jersey. But in April 2017 the Federal Court of Austria (Bundesverwaltungsgericht) cited Meads as “highly instructive” as “a general description of the reasoning of members of sovereign courts and tribunals”. Why is Meads relevant in Austria? !
The Pseudolaw Memeplex Pseudolaw: ◦ not a ‘collection’ of bits of ‘not law’ ◦ a (somewhat) cohesive separate legal system that evolved and developed over time ◦ ‘not law’ concepts nested in a social construct of alternative history & conspiracy. “Memeplex” – a complex of mutually inter-supporting and related concepts the have a cohesive “selective” appeal. Originated in the US, entered Canada around 2000.
The Pseudolaw Memeplex # OPCA Decisions / Year 120 100 80 60 40 20 0 1995 1996 1997 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
The Pseudolaw Memeplex Questions: What is the function of the Pseudolaw Memeplex? What is its geographic and legal origin? How are Pseudolaw ideas grounded, rationalized, and explained? What are the core ‘not law’ ideas of the Pseudolaw Memeplex?
The Pseudolaw Memeplex Function Canada (Netolitzky): ◦ Get out of jail free ◦ Eliminate tax ◦ Attack/constrain governments or institutions ◦ Money for nothing / debt elimination 39% 19. 9% 13. 8% 12. 5% US (Slater): ◦ ◦ Get out of jail free Eliminate tax “Retaliation” (attack/constrain) “Court challenge” 40. 2% 9. 8% 13. 6% 36. 2%
The Pseudolaw Memeplex Function Pseudolaw commonly targets: ◦ ◦ governments courts police financial institutions. Pseudolaw is almost never used in inter-personal disputes (US & Canada).
The Pseudolaw Memeplex A Modified UK/US System The Pseudolaw Memeplex is derived from the US/UK common law tradition. Tends to focus on historical rule sources: ◦ ◦ Blackstone’s Commentaries Edward Coke’s “maxims of law” Black’s & Bouvier’s law dictionaries – older editions Magna Carta.
The Pseudolaw Memeplex A Modified UK/US System Some parts of ‘conventional’ legal system are still intact. For example, Family Law obligations between spouses and to children are very similar, but obligation comes from a “marriage contract”. Pseudolaw Memeplex uses many of the same or similar concepts and terms, but meanings may be different, which can be confusing.
The Pseudolaw Memeplex Conspiratorial Narrative Pseudolaw is allegedly superior but hidden or suppressed, and displaces parts of ‘conventional’ law. The Pseudolaw Conspiracy: 1) humans are subject to a basic law – natural law, God’s Law, “Common Law”. 2) additional rules and limitations were added on top of that: • malevolent actors / government • additional rules are optional – but that is usually hidden • Admiralty Law, Commercial Law, Martial Law, Roman Law. 3) Pseudolaw permits access to the original basic true law.
Six Core Pseudolaw Concepts 1. 2. 3. 4. 5. 6. Everything Is A Contract Silence Means Agreement No Injured Party Defective Or Limited State Authority The “Strawman” Duality Fiscal Misconceptions
Six Core Pseudolaw Concepts 1. Everything Is A Contract Government has no special authority. “Social contract” is a personal bargain with the state. Government authority is the result of a contract. Government rules are a contract offer. Government rules and legislation may be rejected if one ‘opts out’ – “I do not consent!”
Six Core Pseudolaw Concepts 1. Everything Is A Contract Why doesn’t saying “NO!” free you from the state? ”Invisible Contracts” - practically any interaction is a contract: ◦ having a driver’s licence ◦ using a postal code ◦ agreeing to stand up in court. “Invisible Contracts” create “joinder”. Consent to government authority is ‘all or nothing’.
Six Core Pseudolaw Concepts 2. Silence Means Agreement Rule applies to both: ◦ contracts & other agreements ◦ rules of evidence. Offensive effect – use contract offers that are accepted after a period without a reply or rebuttal. Defensive effect – triggers confrontation when rebutting perceived “Invisible Contracts”. Evidence – affidavits are final authorities: “an unrebutted affidavit is truth in commerce”.
Six Core Pseudolaw Concepts 3. No Injured Party In UK/US legal tradition a person who injures others intentionally or negligently must pay for damages. “Tort Law”. Pseudolaw makes the inverse a principle. If there is “No Injured Party” then there no right in law. Nullifies government regulation of conduct such as drunk driving, owning firearms, narcotics. Everything is legal, until someone is hurt.
Six Core Pseudolaw Concepts 4. Defective or Limited State Authority Many different theories. Often are specific to a particular nation or jurisdiction. Examples: ◦ US: choose to be a state citizen, not US citizen ◦ Canada: ”the supremacy of God” in Charter preamble ◦ Germany: the Third Reich never surrendered, only the army. Key function – true state authority is less than what is commonly believed.
Six Core Pseudolaw Concepts 5. The “Strawman” Duality Strawman Theory – Pseudolaw concept that people have two parts or aspects. One half is physical. The other is “legal”. Human vs “Strawman” flesh and blood Donald-John: Netolitzky created by God subject to “common law” government requires consent invisible, non-corporeal DONALD JOHN NETOLITZKY created by birth certificate subject to legislation, courts government-controlled
Six Core Pseudolaw Concepts 5. The “Strawman” Duality Existence of the “Strawman” is a conspiracy - a secret known to government actors. Government has control / jurisdiction over people only because they have a “Strawman” attached to them by a birth certificate contract. Breaking the birth certificate contract: ◦ removes the “Strawman” ◦ removes government, police, and court authority.
Six Core Pseudolaw Concepts 5. The “Strawman” Duality ‘Second order’ pseudolaw: ◦ state actors need the “Strawman” because of Defective Or Limited State Authority ◦ government authority comes from Everything Is A Contract birth certificate Invisible Contract and Silence Means Consent ◦ remove ”Strawman” contract via Silence Means Consent.
Six Core Pseudolaw Concepts 6. Fiscal Misconceptions Relies on: ◦ esoteric fractional reserve banking theory mechanisms used by modern banks ◦ bills of exchange legislation ◦ “A 4 V” “Redemption”. Subject is complex and involved. End result is ‘money for nothing’ and methods to deny debt obligations.
Life under the Pseudolaw Memeplex Radical rebalancing of state vs personal authority: Court authority remains but is limited: ◦ legislation is optional – choose what you want ◦ obligations and proof can be imposed by “foisted unilateral agreements”. ◦ No contract? No jurisdiction. ◦ No injured party? No right to sue. Individuals are tricked into complying with the state: ◦ Invisible Contracts ◦ the “Strawman” birth certificate trap ◦ requires unending vigilance to remain “free”.
Questions and Curiosities Pseudolaw is a tool of legal revolution. ◦ Does not inherently authorize organized vigilante responses. ◦ Why is violence relatively limited? ◦ Does belief in the rule of law make this a ‘paper revolution’? Why does pseudolaw persist? It never works. ◦ Simulation of resistance? ◦ An ‘alchemists puzzle’ trap? ◦ Magic practiced by ‘re-enchanted’ populations? Pseudolaw has no ‘bible’ or history. Taught in myriad marginalized but highly consistent sources.
Thank you! Ambassador and Postmaster General : Donald-John: Netolitzky: , secured party for the Procedural Phantom DONALD JOHN NETOLITZKY©™, Legal Counsel for the De Facto Alberta Military Court of Queen’s Bench NUNC PRO TUNC!
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