The Phenomenon of “Pseudolaw”: Preliminary Characteristics

Abstract

The subject of this research is the phenomenon of “pseudolaw” in the form of sovereign citizens movements and so-called Organized Pseudolegal Commercial Arguments (OPCA). These are ideologies that deny the legitimacy of a democratic state governed by the rule of law and replace statutory law with their own absurd interpretations of legal concepts. The focal point of this research endeavor is to elucidate the mechanisms through which these movements adapt in Poland, a nation where this phenomenon remains underappreciated by state authorities and within the corpus of legal literature. The primary argument of this study is that pseudo-legal ideologies, despite their present limited scope in Poland (with several thousand active adherents), demonstrate a worrisome upward trend. This trajectory, as evidenced by Western experiences, has the potential to compromise the effective functioning of the justice system and public safety. The objective of the present study is to furnish a preliminary description of the origins, evolution, and manifestations of the phenomenon in the Polish context, with particular emphasis on social media. The study’s novelty stems from its exhaustive examination of the phenomenon within the Polish context, which significantly expands upon the scope of previous sporadic observations. The research is international in scope, covering a comparative analysis of practices in the United States, Canada, Germany (Reichsbürger), Austria, and other European countries, with application to the specific Polish context. The cognitive value of this approach pertains to two distinct yet interconnected domains. Firstly, from the vantage point of legal science, it facilitates the identification of novel threats to the legal order. Secondly, from the perspective of the practice of state authorities, it fosters the development of strategies to counteract these threats in accordance with democratic values.