Niklas Eickhoff

In the German legal system, the concept of race occupies an important and controversial position. The desire to eliminate it is understandable but not inherently obvious, as not all reasons for deletion are valid. One central issue with the term “race” is its ambiguity, encompassing both scientific-biological and social-constructivist categorisations of individuals. Choosing one interpretation over the other is neither meaningful nor purposeful. Instead, it is more sensible to understand how the concept of race functions and how it can be legally addressed. Biological arguments for removing “race” may be able to falsify the existence of human races, but at the same time risk the loss of referentiality. To make matters worse, biological criteria for the existence of human races presuppose their existence, which conceptually legitimises naturalistic or essentialist tendencies, even if the term itself is empty. On the other hand, biologically determined characteristics that enable social classifications are relevant: Features such as skin color or body shape seem to be significant factors in the development and use of the term, especially within the legal context. Instead of just dismissing the term “race” entirely, it is important to examine how it is commonly understood, which reveals mechanisms that assign it a destructive meaning on semantic-psychological and social levels that oppose its broader use. Simultaneously, the reference to certain characteristics is not lost as it is with the biological interpretation. This allows for highlighting a feature that is superficial enough to avoid essentializing – the outward appearance itself. It is crucial to note that these reflections are not meant to provide comprehensive social remedies for combating racist discrimination but rather to expose it.