An Open Letters Monthly Best Nonfiction Book of the Year America’s criminal justice system is broken. The United States punishes at a higher per capita rate than any other country in the world. In the last twenty years, incarceration rates have risen 500 percent. Sentences are harsh, prisons are overcrowded, life inside is dangerous, and rehabilitation programs are ineffective. Looking not only to court records but to works of philosophy, history, and literature for illumination, Robert Ferguson, a distinguished law professor, diagnoses all parts of a now massive, out-of-control punishment regime. “If I had won the $400 million Powerball lottery last week I swear I would have ordered a copy for every member of Congress, every judge in America, every prosecutor, and every state prison official and lawmaker who controls the life of even one of the millions of inmates who exist today, many in inhumane and deplorable conditions, in our nation’s prisons.” —Andrew Cohen, The Atlantic “Inferno is a passionate, wide-ranging effort to understand and challenge…our heavy reliance on imprisonment. It is an important book, especially for those (like me) who are inclined towards avoidance and tragic complacency…[Ferguson’s] book is too balanced and thoughtful to be disregarded.” —Robert F. Nagel, Weekly Standard

Robert A. Ferguson investigates the nature of loneliness in American fiction, from its mythological beginnings in Rip Van Winkle to the postmodern terrors of 9/11. At issue is the dark side of a trumpeted American individualism. The theme is a vital one because a greater percentage of people live alone today than at any other time in U.S. history.

The many isolated characters in American fiction, Ferguson says, appeal to us through inward claims of identity when pitted against the social priorities of a consensual culture. They indicate how we might talk to ourselves when the same pressures come our way. In fiction, more visibly than in life, defining moments turn on the clarity of an inner conversation.

"Alone in America" tests the inner conversations that work and sometimes fail. It examines the typical elements and moments that force us toward a solitary state failure, betrayal, change, defeat, breakdown, fear, difference, age, and loss in their ascending power over us. It underlines the evolving answers that famous figures in literature have given in response. Figures like Mark Twain s Huck Finn and Toni Morrison s Sethe and Paul D., or Louisa May Alcott s Jo March and Marilynne Robinson s John Ames, carve out their own possibilities against ruthless situations that hold them in place. Instead of trusting to often superficial social remedies, or taking thin sustenance from the philosophy of self-reliance, Ferguson says we can learn from our fiction how to live alone."

Written by a renowned literary critic and legal historian, Practice Extended illuminates the intricacies of legal language and thought and the law's relationship to society, literature, and culture. Robert A. Ferguson details how judicial opinions are written, how legal thought and philosophy inform ideas, and how best to appreciate a courtroom novel. With chapters touching on a wide range of subjects, including immigration, eloquence, the U.S. Constitution, and the Supreme Court case over James Joyce's Ulysses, Practice Extended provides an ambitious argument for the importance of language in law and a much-needed analysis of the often vexed relationship between law and literature. Ferguson challenges the notion of law as a hermetic enterprise only accessible to experts. He reveals the discipline's relationships to history, religion, philosophy, psychology, anthropology, and the visual arts, offering a rich account of how the law has shaped and has been shaped by communal thought. He also recognizes the critical role of literature and other outside views in showcasing the social problems that law takes up. Practice Extended reflects Ferguson's crucial role as a pioneer in developing the field of law and literature. His writing reminds us of the need for a critical approach to the law that draws on the insights of literature to better understand political and legal history and the documents, laws, and arguments that shape our present. At the same time, this volume also showcases the ways in which the law has been integrated into works of literature, from Billy Budd to contemporary courtroom thrillers.

In a bravura performance that ranges from Aaron Burr to O. J. Simpson, Robert A. Ferguson traces the legal meaning and cultural implications of prominent American trials across the history of the nation. His interdisciplinary investigation carries him from courtroom transcripts to newspaper accounts, and on to the work of such imaginative writers as Emerson, Thoreau, William Dean Howells, and E. L. Doctorow. Ferguson shows how courtrooms are forced to cope with unresolved communal anxieties and how they sometimes make legal decisions that change the way Americans think about themselves. Burning questions control the narrative. How do such trials mushroom into major public dramas with fundamental ideas at stake? Why did outcomes that we now see as unjust enjoy such strong communal support at the time? At what point does overexposure undermine a trial's role as a legal proceeding?
Ultimately, such questions lead Ferguson to the issue of modern press coverage of courtrooms. While acknowledging that media accounts can skew perceptions, Ferguson argues forcefully in favor of full television coverage of them--and he takes the Supreme Court to task for its failure to grasp the importance of this issue. Trials must be "seen" to be understood, but Ferguson reminds us that we have a duty, currently ignored, to ensure that cameras serve the court rather than the media.
"The Trial in American Life" weaves Ferguson's deep knowledge of American history, law, and culture into a fascinating book of tremendous contemporary relevance.
"A distinguished law professor, accomplished historian, and fine writer, Robert Ferguson is uniquely qualified to narrate and analyze high-profile trials in American history. This is a superb book and a tremendous achievement. The chapter on John Brown alone is worth the price of admission."--Judge Richard Posner "A noted scholar of law and literature, Ferguson] offers a work that is broad in scope yet focuses our attention on certain themes, notably the possibility of injustice, as illustrated by the Haymarket and Rosenberg prosecutions; the media's obsession with pandering to baser instincts; and the future of televised trials. . . . One of the best books written on this subject in quite some time."--"Library Journal," starred review

This concise literary history of the American Enlightenment captures the varied and conflicting voices of religious and political conviction in the decades when the new nation was formed. Robert Ferguson's trenchant interpretation yields new understanding of this pivotal period for American culture.

"Reading the Early Republic" focuses attention on the forgotten dynamism of thought in the founding era. In every case, the documents, novels, pamphlets, sermons, journals, and slave narratives of the early American nation are richer and more intricate than modern readers have perceived.

Rebellion, slavery, and treason--the mingled stories of the Revolution--still haunt national thought. Robert Ferguson shows that the legacy that made the country remains the idea of what it is still trying to become. He cuts through the pervading nostalgia about national beginnings to recapture the manic-depressive tones of its first expression. He also has much to say about the reconfiguration of charity in American life, the vital role of the classical ideal in projecting an unthinkable continental republic, the first manipulations of the independent American woman, and the troubled integration of civic and commercial understandings in the original claims of prosperity as national virtue.

"Reading the Early Republic" uses the living textual tradition against history to prove its case. The first formative writings are more than sacred artifacts. They remain the touchstones of the durable promise and the problems in republican thought