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Outlaws and SpiesLegal Exclusion in Law and Literature$
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Conor McCarthy

Print publication date: 2020

Print ISBN-13: 9781474455930

Published to Edinburgh Scholarship Online: September 2020

DOI: 10.3366/edinburgh/9781474455930.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 18 September 2021

The Endurance of Exclusion: Versions of Ned Kelly

The Endurance of Exclusion: Versions of Ned Kelly

(p.80) 3 The Endurance of Exclusion: Versions of Ned Kelly
Outlaws and Spies

Conor McCarthy

Edinburgh University Press

This chapter considers the endurance of the practice of outlawry into nineteenth century Australia, and the subsequent endurance of the Australian bushranger in multiple reinterpretations and reworkings, via the figure of Ned Kelly. It considers Kelly as social bandit and homo sacer, Irish rebel and Australian myth, through a variety of versions of the Kelly story, from Kelly’s own Jerilderie Letter up to and including Peter Carey’s quasi-Joycean reworking of Kelly’s life in an Hiberno-English ‘language of the outlaw.’ Again, outlawry as defined in law is read here against other forms of legal exclusion: the exclusions that create the Australian colonies via transportation for convicts, a practice not unlike the previous legal punishment of banishment (akin to outlawry); the non-recognition of Indigenous sovereignty and tenure; and the exclusion of Aboriginal Australians from law, rendering them de facto outlaws.

Keywords:   Outlaws, Ned Kelly, Social bandit, Homo sacer, Jerilderie Letter, Peter Carey, Terra Nullius, Indigenous Australians

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