The Law of Freedom

Jacob Eisler is Associate Professor at the University of Southampton Law School where he focuses on democratic theory, election law, and corruption. In 2023, he will join Florida State University College of Law as the James Edmund and Margaret Elizabeth Corry Professor.

'In this powerfully argued and beautifully clear work, Jacob Eisler gives us a framework for understanding a dilemma at the core of modern liberal democracy. Though the 'counter-majoritarian difficulty' is familiar, Eisler introduces the more troubling 'counterpopular dilemma': how can courts police democratic processes. Through a careful exposition of the ideals of election law in light of the principles of democracy, Eisler provides an essential guide to making courts safe for democracy. More importantly, he gives us a map for remaking a democracy that might live up to its ideals.' Lawrence Lessig, Harvard Law School

• Introduction; 1. The counterpopular dilemma; 2. Constitutionalism and the counterpopular dilemma; 3. Traversing the dilemma: normative struggle over freedom; 4. One-person one-vote: the triumph of minimal procedural equality; 5. Campaign finance: contesting voters' cognitive capacities; 6. Parties in democracy: facilitators or usurpers of popular self-rule?; 7. Race and elections: equality of access or equality of power?; Conclusion: the debate over liberalism, the partisan alternative, and the future of election law.