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Justice in the Balance

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Established as a post–World War II response to conflict and fascism, the European Court of Human Rights is routinely characterized as the most successful human rights institution in the world. Base...
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  • 23 September 2025
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Established as a post–World War II response to conflict and fascism, the European Court of Human Rights is routinely characterized as the most successful human rights institution in the world. Based in Strasbourg, France, its jurisdiction extends to over 700 million people on European soil across the 46 Council of Europe member countries. The Court is the crown jewel of the Council, an international organization dedicated to human rights, democracy, and the rule of law. And yet, for years, European institutions have been haunted by the specter of failure. In the shadow of rising populism, inequality, and war, faith in democracy and the rule of law has been shaken to its core. Drawing on extensive fieldwork conducted over eight years with human rights advocates, lawyers, and judges at the European Court of Human Rights, this book asks: What kind of justice is possible through law?

  Drawing on participant observation, in-depth interviews, and archival research, Jessica Greenberg tracks two paradoxical experiences of the European human rights system and the Court: on the one hand, the Court as a bureaucratic "machine;" on the other, the Court as the "conscience of Europe." She argues that human rights frameworks fuel imaginative approaches to social change, and compel legal actors to creatively navigate institutions through advocacy, persuasion, and innovative interpretation of what the law is and what it should be.

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Price: $28.00
Pages: 256
Publisher: Stanford University Press
Imprint: Stanford University Press
Series: Stanford Studies in Human Rights
Publication Date: 23 September 2025
Trim Size: 9.00 X 6.00 in
ISBN: 9781503643758
Format: Paperback
BISACs:

"In this quietly brilliant book, Greenberg challenges both overly cynical and overly idealistic visions of the language and promise of law. Through her stunning, intimate analysis of the European Court of Human Rights, she sheds light on a burning issue of our time – how and whether human rights discourses can matter in the face of brute force and power." —Elizabeth Mertz, University of Wisconsin Law School
Jessica Greenberg is Professor of Anthropology at the University of Illinois, Urbana-Champaign. She is the author of After the Revolution: Youth, Democracy, and the Politics of Disappointment in Postsocialist Serbia (Stanford, 2014).
Introduction: Locating the European Court of Human Rights
1. Defining "Us": Culture and the Court
2. Bringing the Outside In: Council of Europe Expansion after the Cold War
3. Performing the Rule of Law: Communicative Modalities and Legal Publics
4. Enumerating Justice and the "Treadmill of Paradox": Human Rights and the Language of Numbers
5. Litigating Human Rights in Time: Strategic Litigation and Temporal Advocacy
6. Making Violence Visible: Antidiscrimination and Evidential Advocacy
Conclusion: Moving from Compromise to Complicity