Race in Law – Law Against Racism

At the moment, there is much debate about the term »race« in the Basic Law of the Federal Republic of Germany. Is it a racist word that needs to be replaced or a necessary category for fighting discrimination? Doris Liebscher explores the question in terms of history, racism theory and legal dogma. She reconstructs how the term founds its way into the constitution and examines how courts and jurisprudence interpret the prohibition of discrimination based on »race« as established in Article 3 of the Basic Law today. She also conducts a critical analysis of GDR law as well as European, US-American and other international legal debates in order to finally make the case for a post-categorical anti-discrimination law: the replacement of the legal term »race« with »racist«.

»Liebscher's book can also be read as the plea for a process of critical reflection in which everyone, lawyer or not, should critically examine themselves and their actions to see where old patterns of thinking and speaking are at work within themselves.« Alexander Haneke, Frankfurter Allgemeine Zeitung

»Liebscher's historically informed, well-written and impressive work ... makes a contribution to optimising the constitutional makeup of the Federal Republic.« Markus Mohr, der Freitag

»Liebscher‘s book is […] an important contribution to a necessary and overdue translation from which […] those affected by racism can profit too.« Serhat Karakayall, Soziologische Revue