Abstract
The issue of pseudolaw has become a matter of increasing concern in Australian courts, and indeed all around the world. Yet there remains little empirical research into the topic, and few attempts to study the extent of the issue. This is the first research globally to map the prevalence and form of the general phenomenon of pseudolaw litigation in a single jurisdiction.
By looking at the published case records in South Australia, it is evident that pseudolaw is emerging as a distinct phenomenon. The analysis found 50% more pseudolaw cases in the last 10 years than in the previous 40 years. The data demonstrates some distinct patterns in the types of cases in which pseudolaw arguments are being used, in terms of jurisdictions, representation and demographics of litigants. The research also assessed the type of pseudolegal argumentation which is being deployed in these cases. It develops six categories for characterising cases: (1) strawman arguments; (2) law is a contract; (3) state law is defective; (4) private prosecution; (5) other; and (6) pseudolaw adjacent. The research sets out the distribution and form of reported cases against these categories.
This first-of-its-kind study demonstrates the emergence of pseudolaw as a distinct and growing phenomenon. Not only does this research cement the themes introduced by anecdotal evidence, but the empirical doctrinal analysis provides a rich insight into the scale and form of pseudolaw in South Australia, with implications both locally and globally.