People and Property

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Center for Policy Studies
Public Affairs Discussion Group
People and Property

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Peter Gerhart J.D. – John Homer Kapp Professor of Law

Friday April 20, 2018
12:30-1:30 p.m.

***Alternate Room: Room LL06 (lower level, opposite elevators)***
Kelvin Smith Library *
Case Western Reserve University

Dear Colleagues:

Politics in the United States involves a lot of talk about “rights” and “freedoms.”

Yet it sometimes seem that Republicans and their allies care mainly about one kind of right, “property rights,” while Democrats care about almost any kind of right other than property rights. We see this especially in one party’s desire to regulate the bedroom but not the market, and the other’s to regulate the market but not the bedroom.

The disagreement about property rights is sometimes more visible and sometimes less. But it might be more useful to think a bit about what property is. In his book, Property Law and Social Morality, Peter Gerhart takes a deeper look, focusing on property not as a matter of individual freedom but as the subject of interpersonal relationships. Locating property within social relations, rather than as a matter of yes-or-no “rights,” should alert us to different ways to think about some of the ideological conflicts in our country today. It especially suggests that “rights” involve how we can and should treat each other.

Legal rights in practice are established by societies to serve some sort of social purposes (even if those are defined in individual terms and justified as principles). In this they are part of the broader structure of law, justified by social beliefs about what is good and just. Professor Gerhart’s work on property is part of an ongoing project that previously led to his book on Tort Law and Social Morality and will include a forthcoming book on Contract Law and Social Morality. Join us to discuss a different but vital perspective on the law and its politics.

All best regards,
Joe White
Luxenberg Family Professor of Public Policy and Director, Center for Policy Studies


About Our Guest

Peter Gerhart joined the faculty of Case Western Reserve University’s School of Law in 1986, serving as Dean for the first ten years. As Dean he helped establish such programs as the Frederick K. Cox International Law Center and Milton A. Kramer Law Clinic. He has taught a wide range of courses, including Torts, Property, International Trade and Development, International Intellectual Property, International Business Transactions, Jurisprudence, Antitrust, and the Weatherhead School Executive Doctorate Program’s course on Global Economic Issues.

Much of Professor Gerhart’s legal research and writing has focused on international dimensions, including numerous articles on the World Trade Organization and TRIPS, as well as even broader issues such as how to address problems of the global commons. The first two volumes of his series of books on law and social morality were published by Cambridge University Press, and the third volume is also scheduled to be published by CUP.

Professor Gerhart earned his B.A. from Northwestern University and his J.D. from Columbia University School of Law. He came to CWRU from Ohio State University Moritz College of the Law, where he had been Assistant, Associate, and then tenured Professor. From August 1, 2015 through July 1, 2016, he returned briefly to academic administration as Interim President of Lake Erie College

* Kelvin Smith Library requires all entrants to show identification when entering the building, unless they have a university i.d. that they can magnetically scan. We are sorry if that seems like a hassle, but it has been Library policy for a while in response to security concerns. Please do not complain to the library staff at the entrance, who are just doing their jobs.

This week’s meeting is in Room LL06 on the lower level of the library. From the main entrance, visitors can go down the stairway or the elevator one level. A door across from the elevator opens on a corridor, and the entrance to the room is on the right just after entering the corridor.

Parking Possibilities

The most convenient parking is the lot underneath Severance Hall. We regret that it is not free. From that lot there is an elevator up to street level (labeled as for the Thwing Center); it is less than 50 yards from that exit to the library entrance. You can get from the Severance garage to the library without going outside. Near the entry gates – just to the right if you were driving out – there is a door into a corridor. Walk down the corridor and there will be another door. Beyond that door you’ll find the entrance to an elevator which goes up to an entrance right inside the doors to Kelvin Smith Library.

Schedule of Friday Lunch Upcoming Topics and Speakers:

April 27: Two Sides of Brexit. With Elliot Posner Ph.D., Associate Professor of Political Science, and Luke Reader Ph.D., SAGES Lecturer. ***Alternate Room: Room LL06 (lower level, opposite elevators), Kelvin Smith Library***

April 16, 2018

If you would like to reply, submit items for inclusion, or not receive this weekly e-mail please send a notice to: padg@case.edu

Upcoming Events

A Specter Haunting Europe: The Myth of Judeo-Bolshevism in Hungary and Eastern Europe

The 2018 Joseph and Violet Magyar Lecture in Hungarian Studies. A discussion with Paul Hanebrink, Associate Professor of History at Rutgers University, Tuesday April 24, 2018, 4:30 p.m., Clark Hall Room 309, 11130 Bellflower Road, Cleveland, OH 44106. Free and open to the public. Registration recommended.

For much of the twentieth century, Europe was haunted by a threat of its own imagining: Judeo-Bolshevism. This myth—that Communism was a Jewish plot to destroy the nations of Europe—was a paranoid fantasy. And yet fears of a Jewish Bolshevik conspiracy took hold during the Russian Revolution and spread across Europe. In this talk Professor Hanebrink asks why the myth of Judeo-Bolshevism endured for so long in Hungary and Eastern Europe and what legacy this idea has left for contemporary politics in the region.

April 2018

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