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AbstractOutlaws, Outcasts, and Criminals of the British Novel, 1800-1850ByRuth Elizabeth BaldwinDoctor of Philosophy in EnglishUniversity of California, BerkeleyProfessor Ian Duncan, Chair"Outlaws, Outcasts, and Criminals" provides a new account of the nineteenth-century historical novel by using the category of outlawry to illuminate the transitional period between Romantic and Victorian literary regimes. I argue that any account of the late eighteenth- and nineteenth-century novel must theorize the crucial link between outlawry and the novel form. Far from being a product of history, crime in these novels activates the category of history on which they depend. As the novel develops, the link between crime and history becomes an essential structural part of the genre. This recognition enables me to forge new and surprising connections between the Romantic outlaw as instituted by Schiller's The Robbers, the outlaw anti-heroes of Walter Scott's historical novels, the historical criminals of W.H. Ainsworth's "Newgate" novels, the female social climbers of Jane Austen's novels, and the scandalous anti-heroines of Thackeray's Vanity Fair and of M.E. Braddon's sensation novels. Key to the developments I am tracing is a new kind of anti-hero made possible by the early nineteenth-century novel's incorporation of other, non-novelistic genres. During a period when the novel was becoming a force of cultural normativity, outlaw figures emerged from the margins of the plot to assume a central role. Unlike the Gothic villain or Byronic anti-hero, who are solitary outcasts, these anti-heroes represent an alternative, rival, outlaw society, from which they colonize the central plot. I examine the structural tension between the ostensible hero, the outlaw anti-hero, and the actual antagonists in Scott's Ivanhoe and Rob Roy. These cases are particularly telling, as Scott's system of history almost always focuses on groups that are, in some sense, outside of the law: Jacobites and members of the proscribed clan MacGregor in Rob Roy; Robin Hood's band, the disinherited Ivanhoe, the Jews Isaac and Rebecca, and even the illegitimate regime of Prince John and his knights in Ivanhoe. The dynamic outlaw energy that originates with Rob Roy and with Robin Hood infects the entire narrative and symbolic system. In my final chapter, I examine the transformation of the new anti-hero into an anti-heroine--a rival to the protagonist of the traditional marriage plot. Ambitious lower-class women threaten the social order in their attempts to maneuver into high society through marriage. As the anti-hero becomes feminized and infects the domestic novel, novelists change their narrative strategies in subtle and unexpected ways. Through the development of free indirect style, affective withdrawal, and strategic reticence, Austen, Thackeray, and Braddon develop new ways of dealing with the anti-social threats to their novel's marriage plots. The outlawry that I argue is so crucial to the development of the novel form thus brings about important changes in narrative technique. Between Scott's death and the establishment of the novel as the dominant literary form by mid century, the genre was in flux: novelists interpolated non-canonical historical sources, ballads, broadsides, chapbooks, plays, and other ephemera, while collaborating with illustrators and engaging with theatrical and other adaptations of their work, to an unprecedented degree. This experimentation develops out of Scott's use of ballads and other popular forms in his historical novels. In this decade or so of generic instability the novel is actively reimagined as a locus of cultural consolidation. The past becomes intelligible through the medium of the historical novel, rather than through primary historical materials and artifacts, or historiography itself. Ainsworth's Jack Sheppard (1839), with its many unacknowledged allusions to and incorporation of earlier renditions of the eighteenth-century criminal's biography, marks a turning point in the long history of Sheppard narratives. Echoing the seriality of Sheppard's crimes and escapes, the novel's serial form provides a mechanism through which his crimes pervade not only the story world of the novel but the real social world of Ainsworth's readers.

This thesis is the first sustained study of Long Meg of Westminster, a figure of Henrician England featured in premodern literature and folklore. Famous for her ‘excesse in height’, she features in a wide selection of popular narratives and, by the seventeenth century, provides a name for a gun, a cannon, and the Bronze Age Stone Circle ‘Long Meg and her Daughters’ in Little Salkeld, Cumbria. While earlier critics such as Patricia Gartenberg (1983) and Bernard Capp (1998) have noticed similarities between Long Meg and Robin Hood’s characterisation as an outlaw, I argue that Long Meg’s ‘merry prankes’ engage with the discourses of gender, law and popular culture. In its consideration of women beyond their marginal roles in outlaw narratives, this thesis interrogates the exclusion which uniquely underpins the lost legal term waive through the conceptual vocabulary of biopolitics. The distinctive contribution of my research thus lies in three key areas: it provides a detailed critical analysis of Long Meg of Westminster, a literary account of the premodern waive, and offers an intervention in Agamben studies. Bringing legal materials such as Magna Carta (1215) and Henry de Bracton’s in De Legibus et Consuetudinibus Angliae [On the Laws and Customs of England] (c.1235) into dialogue with literary texts concerned with Long Meg (1590-1640), I show how the waive – the woman’s terminological equivalent to the outlaw – is characterised by a suspension in law and language. The introduction traces the textual and critical history of Long Meg alongside the early English law from which the waive first emerges. This discussion concludes with an outline of the overarching biopolitical framework of the thesis. The first three Chapters provide a comparative account of Long Meg alongside the jesting communities of Robin Hood and John Skelton. Chapters One and Two encompass their overlapping traditions as jestbook heroes in The Gest of Robyn Hode (c.1450), The Merie Tales of Skelton (c.1567) and The Life of Long Meg (1635). Using their shared stage presence as a cultural index to investigate the lost Long Meg of Westminster play (c.1594), Chapter Three examines dramatic works such as Anthony Munday’s The Downfall of Robert Earl of Huntington (c.1598) and Ben Jonson’s court masque The Fortunate Isles and their Union (c.1624). Chapters Four and Five turn to Meg’s absorption into alternate communities of women in Thomas Deloney’s prose narrative The Gentle Craft, the second part (c.1598) and the pseudonymous pamphlet ascribed to Mary Tattlewell and Joan Hit-him-home, The Womens Sharpe Revenge (1640). Distinct from the outlaw, the premodern waive illuminates the gendered difference which underpins Long Meg of Westminster’s tradition.

Tez (Yüksek lisans) -- İbn Haldun Üniversitesi Üniversitesi. Kaynakça var. As the United States of America has embraced and defended its right to operate with impunity on a global battlefield, Muslims in particular have found themselves in an increasingly Western-controlled and anti-Muslim world in terms not only spatial but also discursive, with Western intervention not only military but also ideological. Much has been written about the roots of anti-Muslim thought in the civilizational conflict between the Christian and Muslim worlds, or Euro-American racism and xenophobia, but the developments of the American War on Terror deserve a political analysis that measures the systemic impact on the safety of Muslims in the American order, with an eye for opportunities to strengthen their position. Giorgio Agamben’s philosophical work on outlawry and bare life in the Roman figure of homo sacer provide a field for this analysis, of which this thesis focuses on the Muslim American citizen as the Muselmann – the limit figure of humanity - in the global camp. How historical is Agamben’s theory, and how contemporary? I argue that Agamben’s theory is even more historical than he himself proves, and that Muslims in America, even the citizens among them, are the latest – but also, the most fundamental – example of bare life at the center of America’s civil war. Amerika Birleşik Devletleri, küresel bir savaş ortaminda dokunulmazlıkla faaliyet gösterirken, özellikle Müslümanlar, kendilerini yalnızca mekansal değil, aynı zamanda söylemsel olarak da, hem askeri hem ideolojik alanda Bati kontrolu altında, giderek daha fazla Müslüman karşıtı olan bir dünyada buldular. Hıristiyan ve Müslüman dünyaları arasındaki uygarlık çatışmasında, Müslüman karşıtı düsüncenin kökleri, Amerikan ırkçılığı ve yabancı düşmanlığı hakkında çok şey yazılmıştır, ancak Amerika’nın Terörle Mücadele politikasındaki gelişmelerin Amerika kontrolu altında yasayan Müslümanların güvenliği uzerindeki etkisinin, Müslümanların pozisyonunu güçlendirmek gayesi ile, sistematik olarak analiz edilmesi gerekmektedir. Giorgio Agamben'in Roma Hukuku’nda karşımıza çıkan Homo Sacer, yani çıplak hayat yaşayan kanun kaçağı “kutsal insan” figürü üzerindeki felsefi çalışmaları, Müslüman Amerikalı vatandaşı kuresel dunyadaki Muselmann, insanligin siniri, olarak gören bu analiz için bir temel oluşturmaktadir. Agamben’in teorisi ne kadar tarihsel, ne kadar günceldir? Ben bu analizde, Agamben’in teorisinin kendisinin kanıtladığıdan daha da tarihsel olduğunu ve Amerika’daki Müslümanların, hatta vatandaş olanlarin bile, Amerika’nın iç savaşının merkezinde çıplak hayatin en yeni – ayni zamanda da en önemli – örneği olduğunu tartışıyorum. ABSTRACT, iv -- ÖZ, v -- TEŞEKKÜR, vi -- TABLE OF CONTENT, vii -- INTRODUCTION: THE STRANGERS, 1 -- BACKGROUND: MUSLIMS IN AN AMERICAN WORLD, 1 -- OUTLAWRY: AN EXPLORATION, 3 -- METHOD: PRACTICAL COMPARATIVE LAW, 4 -- CHAPTER 1: HOMO SACER AS THEORY OF OUTLAWRY, 6 -- THE HOMO SACER SERIES: A SYNTHESIS, 6 -- THE IDEAL TYPE, 18 -- CHAPTER 2: OUTLAWRY İN WESTERN LEGAL HISTORY, 19 -- ON LEGAL GENEALOGIES, 19 -- OUTLAWRY: IDEAL AND REAL, 20 -- THE EXCLUSION, 20 -- THE STATE OF EXCEPTION, 25 -- THE SOVEREIGN(S), 27 -- THE GENERALITY AND SPECIFICITY, 28 -- THE CAMP(S), 29 -- CONCLUSİON, 29 -- CHAPTER 3: MUSLIMS AS AMERICAN OUTLAWS, 30 -- LITERATURE REVIEW, 30 -- DEHUMANIZATION, 32 -- THE (UN)CIVIL WARS, 33 -- SETTLER CONQUEST AND THE NATIVES, 34 -- SLAVERY AS CONSTANT WAR, 35 -- THE (LITERAL) CIVIL WAR, 37 -- AMERİCAN IMPERIALISM ABROAD, 37 -- DOMESTIC THREATS: THE COLD WAR AND BLACK MILITANCY, 38 -- THE WAR ON TERROR WITHIN, 38 -- THE STATE OF EXCEPTION AND THE BAN, 39 -- THE SOVEREIGN VIGILANTE, 40 -- THE CAMP, 42 -- CONCLUSION: THE GLOBAL CAMP AND THE MUSELMANN, 43 -- CONCLUSION: FREE AS BIRDS, 45 -- RETURNING TO OUR PURPOSE, 45 -- AGAMBEN’S VISION OF THE FUTURE: LAW IN THE PAST, 47 -- BIBLIOGRAPHY, 50 -- CURRICULUM VITAE, 58

Amerika Birleşik Devletleri, küresel bir savaş ortaminda dokunulmazlıkla faaliyet gösterirken, özellikle Müslümanlar, kendilerini yalnızca mekansal değil, aynı zamanda söylemsel olarak da, hem askeri hem ideolojik alanda Bati kontrolu altında, giderek daha fazla Müslüman karşıtı olan bir dünyada buldular. Hıristiyan ve Müslüman dünyaları arasındaki uygarlık çatışmasında, Müslüman karşıtı düsüncenin kökleri, Amerikan ırkçılığı ve yabancı düşmanlığı hakkında çok şey yazılmıştır, ancak Amerika'nın Terörle Mücadele politikasındaki gelişmelerin Amerika kontrolu altında yasayan Müslümanların güvenliği uzerindeki etkisinin, Müslümanların pozisyonunu güçlendirmek gayesi ile, sistematik olarak analiz edilmesi gerekmektedir. Giorgio Agamben'in Roma Hukuku'nda karşımıza çıkan Homo Sacer, yani çıplak hayat yaşayan kanun kaçağı `kutsal insan` figürü üzerindeki felsefi çalışmaları, Müslüman Amerikalı vatandaşı kuresel dunyadaki Muselmann, insanligin siniri, olarak gören bu analiz için bir temel oluşturmaktadir. Agamben'in teorisi ne kadar tarihsel, ne kadar günceldir? Ben bu analizde, Agamben'in teorisinin kendisinin kanıtladığıdan daha da tarihsel olduğunu ve Amerika'daki Müslümanların, hatta vatandaş olanlarin bile, Amerika'nın iç savaşının merkezinde çıplak hayatin en yeni – ayni zamanda da en önemli – örneği olduğunu tartışıyorum. As the United States of America has embraced and defended its right to operate with impunity on a global battlefield, Muslims in particular have found themselves in an increasingly Western-controlled and anti-Muslim world in terms not only spatial but also discursive, with Western intervention not only military but also ideological. Much has been written about the roots of anti-Muslim thought in the civilizational conflict between the Christian and Muslim worlds, or Euro-American racism and xenophobia, but the developments of the American War on Terror deserve a political analysis that measures the systemic impact on the safety of Muslims in the American order, with an eye for opportunities to strengthen their position. Giorgio Agamben’s philosophical work on outlawry and bare life in the Roman figure of homo sacer provide a field for this analysis, of which this thesis focuses on the Muslim American citizen as the Muselmann - he limit figure of humanity - in the global camp. How historical is Agamben's theory,and how contemporary? I argue that Agamben's theory is even more historical than he himself proves, and that Muslims in America, even the citizens among them, are the latest – but also, the most fundamental – example of bare life at the center of America's civil war. 66

Outlawry in Medieval Scandinavia as a subject of academic interest has been growing more popular in recent years. But now, as in the 1930s when the topic first took off among Dutch and German scholars, the focus seems set on a predominantly literary study through the lens of the Icelandic sagas, with the collections and codes of law taking a back seat. While comparative studies between sagas and laws have been tackled in the past few decades, with scholars like William Ian Miller and Agneta Breisch attempting to further develop our collective understanding of the society of Commonwealth Iceland, few, if any, have adopted such a comparative approach to two different law codes. This thesis seeks to remedy this situation. By comparing the different forms of outlawry and punishment in Grágás and the Gulaþingslǫg, an improved picture shall be created of how outlawry developed and was utilized in the two different political systems that characterized twelfth and thirteenth century Iceland and Norway.

This thesis is a comparative study of Grettis saga and Króka-Refs saga, two Icelandic Sagas from the 14th century. The aim of this study is to present these sagas in the context of historical, legal and cultural influences, and to discuss similarities and differences between them. Króka-Refs saga has been compared with other texts because of a great number of familiar patterns from other sagas. The thesis will present an argument, based ont he idea of Martin Arnold, who suggested that the constant marginal position of Refr has similarities to the life of an outlaw. My argument will suggest similar possibilities in order to explain the possible purpose of the creation of such text. The aim of this thesis is to define the place of Króka-Refs saga in the Icelandic literary corpus, and to understand why Refr is similar and at the same time different to the famous outlaw-heroes.

It is often said that the protagonist of the fourteenth-century Tale of Gamelyn has a name that means 'son of the old man', deriving from the Icelandic gamall or 'old'.1 This reading speaks to Gamelyn's status as the child of his father's old age, and the fact that it is his position as a son among other sons that sets the narrative in motion. But Gamelyn's name also bears a significant relationship to the word 'game' in its multiple senses of amusement, delight, and pleasure; wild animals hunted for sport; the act of hunting them; and structured play, of the sort explored by Johan Huizinga in his classic 1938 study of 'the play element of culture', Homo ludens. These resonances have been noted by a number of different critics, but so far as I am aware no one has yet developed them into a structured account of the text.2This article investigates the extent to which the dynamics of the Tale can be thrown into relief by inserting it into a late medieval culture of 'game'. This engagement has a double character. In the first place, game and play are characterized by rule-boundedness. All play', Huizinga argues in Homo ludens, 'has its rules.' Hence his comment, that play 'creates order' - more than that, that it 'is order'.5 Consideration of ordered 'game' in Gamelyn leads towards late medieval conduct books and household manuals - books of'game' and of'nurture' - and their codifications of rules for proper behaviour. It explores the ways in which these rule-bound game-spaces help constitute the patterns of inclusion and exclusion that structure medieval society, and it works its way towards a language that describes the breaching of these rules. Secondly, though, game and play are for Huizinga characterized by a certain quality of pretence. As forms of makebelieve, they suspend straightforward distinctions between truth and falsehood. This aspect of game-behaviour is rejected by Gamelyn. Gamelyn reconfigures the meanings of game prevalent in chivalric romances, where it typically speaks to the role-playing demanded by sophisticated forms of social organization. It also unfolds an entirely different understanding of game from that prevalent in Chaucer's Canterbury Tales, with which Gamelyn is associated in the manuscript tradition. Critical accounts of the dialectic of 'ernest' and 'game' in Chaucer have argued that The Canterbury Tales offer a celebration of the complex satisfactions offered by the organized untruths that go by the name of literature. The Tale of Gamelyn bears a far more antagonistic relationship to questions of duplicity. It may be that all games - and all fiction - must involve some measure of deception, but that is not how Gamelyn sees things. The most significant structural antithesis of 'game' in the Tale is not 'ernest' but 'gyle'.Gamelyn thus simultaneously affirms and dissents from the conventionalism implicit in game-playing. At the level of plot, it stages a number of violent breaches of customary rules of behaviour, but the unruly energies it unleashes are ultimately directed to the service of a law of paternal and sovereign power. Simultaneously, the text's semantic gamesomeness is mobilized to rule out of bounds a conception of social life as a texture of sophisticated play. The pun hidden within the protagonist's name is central: Gamelyn, I argue, pits 'game' against 'game'.IThe story of Gamelyn can be quickly told. Gamelyn is the youngest of the three sons of Sir John of Boundys. He is bequeathed the largest share of his father's estate. His eldest brother (also John) deprives him of this inheritance, and the fraternal conflict that ensues leads to Gamelyn being outlawed and taking refuge in the forest. He becomes the king of a band of outlaws and with their assistance seizes control of the court that has condemned to death the middle brother, Sir Ote (who had supported Gamelyn). Sir John as sheriff, the Justice, and the jurymen are all killed instead. Ote makes Gamelyn his heir, and Gameyn regains his inheritance. …

This dissertation analyzes literary jurisprudence in Gottfried’s Tristan and explicates the poem as an exemplar of Grimm’s theory of medieval law-poetry. This study examines how Gottfried dramatizes the institutions and practices of law, such as feudal tenure, judicial combat, and evidentiary debate. Chapter One traces the history of Gottfried’s Tristan as an object of study for law-in-literature research. The chapter also analyzes the poet’s relationship to and distinction from the Arthurian tradition. Chapter Two investigates legal discourse relating to the intersection of geography and authority in the poem. The chapter explicates scenes related to property transmission and contractual obligations. Chapter Three examines the juridical language and logical structures of judicial duels in the cases of Morgan and Morold. Chapter Four discusses the scrutiny of direct and indirect evidence in three scenes: The Seneschal and the Dragon Tongue, Isolde and the Sword Splinter, and the Flour on the Floor. The fourth chapter also elucidates the manner in which Tristan and Isolde rhetorically manipulate the presentation of evidence in order to deceive King Mark and his surrogates, Marjodoc and Melot. In sum, this dissertation argues that Gottfried’s juridical language gives definition to a model of jurisprudence characterized by legal efficacy, rational thought, and individual judgement.

La societat rural mostra un model de comportament inalterable al llarg del temps, amb poques innovacions i governada més pels costums que per les lleis. Una societat sense privacitat on la hipocresia no és possible. El simple refús comporta una ofensa i una reacció violenta. Una vegada destapada la conflictivitat, per mitjà de les fonts judicials, sorgeixen desenes de problemàtiques quotidianes pròpies d’una societat horitzontal, fins a aquell moment amagades i que poden enriquir i canviar la visió de la història vertical, Rural society exhibits a pattern of behaviour which is unchanging throughout time, with few innovations, ruled by tradition rather than laws. It is a society without privacy where hypocrisy is not possible; a simple denial would lead to an offence often accompanied by violent feedback. Once conflict is made public by means of justice, dozens of daily problems not uncommon in horizontal societies come up: a set of hidden social problems which may enrich and eventually change our perspective on vertical history