The Law of the Land: The Evolution of Our Legal System

by Charles Rembar

The law is a subject that affects every one of us at every moment; yet for most people it remains an almost impenetrable mystery. The Law of the Land takes this important and often intimidating subject and makes it as clear as day. It traces the evolution of our legal system from its origins in medieval Britain, when trial by battle and ordeal (and even more primitive methods) were common, to our present judicial system in America.

Along the way we learn about the start of trial by jury; the development of our legal rights; the origin and meaning of such legal concepts and procedures as stare decisis, equity, hearsay, pleading, and appeal; the way the law - and the meaning of the law - is forged in history.

Genres: Law, History, Nonfiction, Legal

447 pages, Hardcover

First published January 1, 1980

About the author

Charles Rembar was an American attorney renowned for his advocacy of First Amendment rights, particularly in cases involving literary censorship. Born in Oceanport, New Jersey, he grew up in Long Branch and later attended Harvard University, earning a bachelor's degree in 1935, followed by a law degree from Columbia Law School in 1938. Early in his career, he worked for various New Deal agencies before serving in the United States Army Air Corps during World War II. After the war, he settled in the New York area, living in Scarsdale and practicing law in Manhattan.
Rembar founded the law firm Rembar & Curtis, representing prominent authors such as Louise Erdrich, Tom Clancy, Herman Wouk, and Norman Mailer, not only as legal counsel but also frequently as a literary agent. His most significant legal work involved First Amendment cases challenging censorship. In 1959, he successfully defended the publication of an unexpurgated edition of Lady Chatterley's Lover by D.H. Lawrence after the U.S. Post Office attempted to suppress it. He later played a key role in legal battles surrounding Tropic of Cancer by Henry Miller and Fanny Hill by John Cleland, the latter of which reached the U.S. Supreme Court and contributed to shifting the legal stance on obscenity.
Rembar chronicled these landmark cases in his 1968 book The End of Obscenity: The Trials of Lady Chatterley, Tropic of Cancer and Fanny Hill, which earned a George Polk Award in journalism. He later published Perspective (1975), a collection of essays, and The Law of the Land: The Evolution of Our Legal System (1980), a historical exploration of Anglo-American law aimed at general readers.

Reviews

[Lucas · Rating 3 out of 5]

A few additional sentences in several chapters could have provided context for the sections that assume the reader is familiar with the Saxon or Norman invasions of England, or other parts of English history. Also I would have appreciated more detail on legal systems in other countries past or present or anywhere prior to the 13th century.

One idea Rembar promotes several times (and later calls outlandish) is increased socialization of the legal system - the court would pay the lawyers rather than plaintiff and defendant. He suggests that appeals or cases deemed inappropriate for public support could still be privately funded, but doesn't well define the system that would do the appropriating.

[Carol Berkman · Rating 3 out of 5]

The history part is really interesting (I'm a lawyer but never learned any real legal history at law school), but the footnotes and "jokes" and political comments distracted. To the extent that the author could not include the footnoted matter in the text, he should have considered whether it belonged at all. The politics date the book, as it's been a while since Nixon and Ford. And the jokes, spare me.

[Marc J. · Rating 5 out of 5]

Entertaining and informative

Great book on the history of our law. The author is a complex mix of liberal and conservative and always interesting. Too bad the book more or less ends the history in 1980 when published. I would love to read about the last 40+ years too.

[Travis Sundwall · Rating 4 out of 5]

It is an excellent overview of the country’s legal history. The book largely covers our legal system as it evolved through English common law. Quite a bit of English history is covered, especially contributions by British monarchs.

Other topics include histories of:
Courts of chancery / equity (separate from common law), jury trials, presumption of innocence, right to legal council and roots of several amendments in the Bill of Rights.

I found it both engaging and informative.

Highly recommended for anyone interested in legal system or history.