Organized Pseudolegal Commercial Arguments as Magic and Ceremony

tags

Pseudolaw

Notes

I. INTRODUCTION

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an alternative, different set of rules that mimic or ape the structure and language of “conventional” law. This variant law is a “pseudolaw.” It superficially appears to be law, or related to law, but is otherwise spurious.

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black populations, who self-identify as Moors or Aboriginal peoples,

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Freemen-on-the-Land, a collection of Canadian, politically leftist, “Green,” anti- globalization, marijuana advocacy, and anti-government social activists

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pseudolaw’s content and language has remained unexpectedly constant as it has spread.

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Organized Pseudolegal Commercial Arguments (OPCA).

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Reichsbürger

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OPCA affiliation does not represent disordered thought, but instead is a distinct form of atypical political belief reinforced in marginal communities.

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functional parallels between OPCA communities and religious cults.

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individuals have a right to retaliate

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identify government as an enemy, even an evil enemy,

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avoid income tax,

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subvert the legal basis for debts,

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“get out of jail free”

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vexatious and abusive

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illegitimacy of “conventional” authorities,

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“true” hidden law

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OPCA pseudolaw confuses legal professionals.

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often describe these ideas as impenetrable, gibberish, or nonsense:

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gibberish, “word salad,” incomprehensible, and gobbledygook.

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But why are OPCA concepts, documents, and arguments gobbledygook? And perhaps as importantly, are they always gobbledygook?

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this article asks whether pseudolaw has a scheme.

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voices in the Sovereign Citizen world are building their own distinct and separate schema of law

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some OPCA pseudolaw, “Otherlaw,” is entirely disconnected from “mainstream” law, and represents a “something else” category of thought, belief, and behaviour.

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Magic is the best analogue for Otherlaw.

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patterns to pseudolaw, including Otherlaw.

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II. PSEUDOLAW AS LEGAL ERROR

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Some pseudolaw is clearly based on legal error.

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silence means consent or agreement.

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positive obligation on the recipient of a contract offer to reject that offer, otherwise the offer is deemed accepted and in force.

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unilateral declaration that the writer has successfully “opted out” of legislation,

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scheme of fines or payments that the recipient allegedly accepts by receipt without protest;

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“Three/Five Letters” scheme of debt elimination,

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see what they perceive as foisted unilateral agreements in their day-to-day lives, for example via “shrink wrap” software contracts, or banks changing the terms of a credit card service.

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Qui non negat fatetur rule has nothing to do with contracts, but instead guides how a court should interpret lawsuit pleadings,

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The maxim is not false, but has been misapplied.

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Bible passages that establish so-called commercial law principles.

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around 1970–1980 when the Christian Identity movement developed a codified scheme of Christian Common Law

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many OPCA concepts that are plausibly anchored to actual legal references.

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bad legislative drafting. The preamble to the Canadian Charter of Rights and Freedoms is a particularly obnoxious example of the latter, as it reads: “Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law.”52 Unsurprisingly, OPCA theorists have homed in on the “supremacy of God” language.

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Canadian courts have concluded the “rule of law” preamble language is legally relevant

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the Charter preamble will be read, interpreted, and applied by ordinary persons, and to them, “supremacy of God” likely means exactly what it says.

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not all OPCA concepts can be described in any sense as having a logical and rational explanation,

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III. OTHERLAW

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Otherlaw is a unique challenge because it shares no common ground with conventional legal procedures or concepts. Instead, it resembles magic,

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A. SYMPATHETIC MAGIC

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It is difficult to ascribe a rational motive to a person who would prepare these documents. Conventionally, these are an obvious, blatant, and ridiculous forgery.

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Even more confusing is that Hegerat has experience and at least partial success in “conventional” legal proceedings.

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illustrates the “ceremonial,” “magical,” or “symbolic” aspect

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Sympathetic magic is a magic based on imitation or correspondence.

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figure, effigy, or fetish of a person or object.

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Sympathetic magic documents are not uncommon in OPCA litigation, particularly in debt elimination schemes. The “private registered set off bonds”

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UK OPCA debt elimination website Get Out Of Debt Free (GOODF) offers a template promissory note that has “incorporated powerful sacred geometry.”

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OPCA litigant appeared in court wearing lawyer’s robes, saying that allowed him to represent others.

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simply do not understand or accept that legal and court processes apply an underlying schema or logic. Symbolic power is real power.

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B. CARGO CULT LAW

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OPCA materials are often formatted and marked in complex ways, for example structuring a name in an unusual manner,79 the use of specific titles,80 display of coat of arms or flags,81 and signing documents with specific ink colours or blood.

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A common but strange feature of many OPCA documents is one or more postage stamps attached at various locations.

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then “cancelled” with a signature, initials, or other markings printed across the stamp.

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cargo cult pseudolaw attempts to imitate things the users do not understand,

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no single explanation for the function postage stamps perform.

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postage transforms a document into correspondence, which is governed by the Universal Postal Union (UPU) and the international treaties that manage international mail.

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Stamps makes the OPCA affiliate a “Postmaster.”

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if mail is delivered to a different country then any relationship to the foreign postal service is non-contractual.

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the obligation on the foreign post office flows from the Treaty of Bern89 and the UPU.

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A common OPCA concept is that government authority derives solely from contract.

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Funneling activities through the UPU and its unusual arrangement therefore provides a mechanism to avoid contractual relationships with state actors.

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postmaster general is superior to all other government authorities because that office preceded the US,

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WebMavin suggests hiding stamps on the back of pages to avoid alarming court clerks.

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the Vatican has legal title to the world, and operates the UPU as a continuation of Biblical/Roman postal services.

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McBride reportedly received over $500,000.00 from the sale of Divine Province materials.

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“[e]very word that starts in the English language with a vowel, a, e, i, o and u and followed by two consonants is a word that means no contract.”120 Unsurprisingly, Craig J. did not find these submissions helpful.

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Miller claims to have “re-established” the US :FEDERAL-POSTAL- COURT,

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Youtube “:Field-Court-Martial-Hearing” video which purportedly removed Miller’s authorities, following a heart attack.

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this scheme transforms a person into a piece of international mail

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Government actors who interfere with the sovereign individual are liable to a $1,000,000.00 fine for mail fraud.

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permits the author to “Mail Yourself Across the Border”

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Much is not explained, but is simply identified as important.

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postage stamps on a legal document are consideration for an enforceable contract.

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Sovereign Citizen concept that most conventional currency is not “lawful tender,” but gold and silver coins are the exception.

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to obtain lawful money one must expend lawful money: “You establish your right to lawful money by cancelling its value.”138 Signing across a postage stamp therefore changes the legal rights associated with a claim document.

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postage stamp creates common law copyright in a personal name.

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copyright in one’s own name is a basis to fine persons who use that name without permission, such as banks, courts, and so on.

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overwhelmingly juvenile character.”

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one should never sign documents other than contracts. Authorities forge signatures to meet their objectives. She therefore suggests signing documents over a postage stamp. That “makes it very hard to extract that segment of your signature.”

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Christopher Henry Gerlitz, an OPCA tax evader, attached postage stamps to his arm, and “refused to remove them

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wrote their names on postage stamps, and then attached those to laminated identification badges. This process allegedly made them the equivalent in authority to the Queen of England.

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“[b]y autographing a postage stamp you become a postmaster and become equal with the Queen

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OPCA litigants believe placing postage stamps on their documents is important, but they have no consistent explanation for why this step has special or legal significance.

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The one common step is that signing across or otherwise marking the postage stamp is necessary.

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many Canadian courts only accepted payment of court filing fees by law stamps.

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The clerk then cancelled the law stamp, often with a signature,

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Law stamps are a subclass of revenue stamps,

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In Canada law stamps were gradually discontinued,

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My hypothesis is that at some point one or more OPCA litigants encountered law or revenue stamps attached to court documents, discovered those stamps were no longer available, concluded that stamps were, nevertheless, an important formality, and then set out to imitate that by attaching postage stamps to their court documents.

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US law and court processes were corrupted at some point, most often the 1930s. By imitating a pre-1930 motif,

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the practice stuck, and then OPCA gurus reverse-engineered explanations

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implies the OPCA gurus did not really know the true purpose of the revenue stamps they were mimicking, otherwise OPCA postage stamp schemes would have the court clerks sign the stamps.

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C. THE “STRAWMAN” DOPPELGANGER

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The “Strawman” revolves on a concept without precedent in law: an individual has two separate parts, a physical human versus a non-corporeal “legal person” or “Strawman,” and that the latter can be split away from the former.

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The “Strawman” legal person is subject to the law typically applied by courts, but the physical human component is only subject to a different kind of law, usually called “common law” or “natural law.”

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A human is not born with a “Strawman,” and instead the two are linked by birth documentation which is both a concealed contract with the government, and a kind of stock certificate or security.

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depression-era financial conspiracies,

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combined a conspiratorial narrative of hidden history with actual legal and historical documentation.

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use language games rather than engage in historical and document-based research.

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the “real” 13th Amendment removes US citizenship from lawyers, while using the title “Esquire.”

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“common law,” a complete and separate legal system described as a form of Christian natural law derived from traditional English common law.

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The newly formed US was purportedly only governed by this “common law.”

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over the next several centuries schemed to strip away the “common law” liberties

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the 14th Amendment created an entirely new category of individuals, US citizens, and displaced pre-existing “common law” state-based citizenship.

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permits an individual to seize control of the “Strawman” and its “birth bond” bank account. Other paperwork draws payments from the “Strawman” account. The net effect is a source of free money,

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awkward variant advanced by certain Detaxer gurus,

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“localized” form created by Freeman-on-the-Land guru Robert Arthur Menard.

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replaces its surrounding conspiratorial narrative with one that makes (somewhat) more sense in a Canadian context.

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all Canadians inherently only subject to “common law.”

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Menard recommends parents should not document their children. The result is an individual totally outside government authority.

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Freeman can access and demand normal social services and benefits, but also extraordinary ones obtained via a “notary protest” Three/Five Letters procedure.

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Menard offers practically nothing to substantiate his Canadian variation on the “Strawman.”

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While the Sovereign Citizen “Strawman” is at least in some way built off a kind of foundation, the Canadian variation is all but conjured from thin air.

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eliminating your “legal aspect” would not logically result in personal freedom from state action, but instead arguably would have the opposite effect. UK traditional common law recognizes humans who have no “legal personage” — slaves.

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There is indeed a parallel to the “Strawman” which is all but universal in human mythology: spiritual and demonic possession.

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possession as an aspect of a key evolutionary adaptation, theory of mind modelling of foreign perspectives,

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Peripheral cults involve mass possession.

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The “Strawman” has both peripheral possession cult characteristics.

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key patterns in possession and exorcism: a demon is identified by name, expelled, and then captured in articles that are destroyed.

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bargain made by your parents with a deceptive evil trickster

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you are controlled, but you do not even know that.

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dark shadow double who uses your own name and image.

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can be removed by a procedure.

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Names are powerful.

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secret all capital letter name.

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Physical talismans

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must be returned or destroyed.

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“Strawman” will return via apparently innocent acts.

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The “Strawman” was invented in a social community broadly affiliated with Evangelical belief,

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Freeman tendency to frame law in a ceremonial and metaphysical context.

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court proceedings are a literal necromantic ritual

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Masks are a key historical component of possession traditions.

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IV. IMPLICATIONS

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A. BELIEF IN OTHERLAW IS NOT UNIVERSAL

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Many taxpayers openly testified the “Strawman” scheme never made sense to them.229 They signed up with Fiscal Arbitrators simply out of greed.

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as the Court read an oral judgment which rejected a “Strawman” defence advanced by Freemen Joseph and Catherine Zombori, Joseph Zombori repeatedly interjected after his name: the accused are “not present.”

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B. WHAT MAKES OTHERLAW ACCEPTABLE?

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pre-existing communities that are “infected” by pseudolegal concepts.

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in most senses, the US Sovereign Citizens and Canadian Freemen-on-the-Land have diametrically opposite world views.

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What Sovereign Citizens and Freemen do agree on is that government has exceeded its legitimate authority, hidden and malevolent actors are pulling the strings, and bad times are coming, if not already here.

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prevalence and acceptance of conspiratorial beliefs and perspectives.

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an entirely new kind of conspiracy culture has emerged in the past several decades, what he calls “improvisational millennialism.”

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conventional conspiracy theories focus on a known enemy whose actions are concealed. Improvisational millennialism sees the dark design everywhere, but the directing minds of the impending New World Order remain in the shadows,

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Stigmatized knowledge is reliable and relevant because it is commonly rejected.

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broad hostility to practically all established authorities and institutions,

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why some OPCA affiliates are entirely untroubled

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These sources are reliable because they are marginalized, rejected by legal authorities, amateur, and often incoherent.

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OPCA gurus and affiliates are often very unusual people.

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must exercise caution to avoid misdiagnosing these individuals as delusional.

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OPCA guru, “Kate of Gaia,”255 opened the event with a speech on the benefits of “urine therapy”: drinking one’s own urine.

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US A4V guru Winston Shrout,261 probably the most successful US guru in Sovereign Citizen and Freeman communities, claimed that during a trip to England he met “The Queen of the Fairies,” a very powerful shaman, and that together, they stopped time and moved the Prime Meridian to the “Rose Line” in Paris,262 as described in The Da Vinci Code.

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Shrout explained that he sits on a “galactic roundtable,”

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Shrout was recently convicted of over $100 trillion in fraudulent financial instruments and tax evasion.

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David Wynn Miller, who claims he is the King of Hawaii because he turned Hawaii into a verb, to have an IQ of 200, and that he has not aged since he died and was resurrected at age 25.

NOTER_PAGE: (40 0.1590774689532821 . 0.23701002734731083)

While fantastic or inexplicable to outside observers, Otherlaw is simply not that different from the ordinary beliefs of these persons.

NOTER_PAGE: (40 0.39739798935541104 . 0.33637192342752964)

V. CONCLUSION

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some OPCA activities are not “akin” to a magical ritual — they are a magical ritual.

NOTER_PAGE: (41 0.12714370195150798 . 0.11668185961713765)

the disenchantment and rationalization of Western society. Weber saw this as a permanent process where magic is displaced, never to return. The problem is, Weber was likely wrong.

NOTER_PAGE: (42 0.19692489651094028 . 0.690975387420237)

“re-enchantment” is now underway via the emergence of “New Age” religions, neo-paganism, alternative healing, and belief in the paranormal.

NOTER_PAGE: (42 0.25133057362507394 . 0.17046490428441202)

Otherlaw matches known and studied categories of ritual behaviour: sympathetic magic, cargo cult mimicry, and possession and exorcism. In many senses, this observation is the good news. Assistance may be available from experts who study these expressions of human culture,

NOTER_PAGE: (42 0.6445890005913661 . 0.4831358249772106)

The growing appreciation that Islamic extremism may be better addressed by deradicalization and reintegration is likely equally true for those deeply immersed in OPCA cultures.

NOTER_PAGE: (43 0.16144293317563574 . 0.6007292616226071)