this means, the law would institutionalize and perpetuate a savage form of national revolution, by giving discretion to the savage instincts of innumerable Hitlers in innumerable state offices. It would create a Nazi hydra. That is precisely how Freisler conducted himself in office as President of the People’s Court. And that was why the jurisprudence of the common law, with its “pragmatism,” its “immediacy,” its surrender of lawmaking authority to the judges, attracted him so much.
