English Translation

Although the law is no longer enforced by law, it is true that the law has been implemented in the strict sense of the law. Although it is no more "legally" in the narrow sense of law, in a more general sense it is "justifiable". In addition to these obligations to the entire life order of the people, the obligations of the administration which have been imposed in the form of contracts have only added importance." (i) Accordingly, the Secretary of State Dr. If he describes the function of the judge as follows: "In the end, the task of the Judge does not consist in the interpretation of the law, but in the jurisprudence, in the exercise of justice. He is not a legal engineer, but a seeker of the right. The law is intended to make it easier for the judge to find justice, but it cannot be removed from him. And if the application of the law in the concrete case would lead to a decision contrary to the law, which is unfair and morally untenable, the directive must prevent it by drawing and speaking out of its right and not only applying the law according to the letter... There must always be an irrefutable guideline for all legal application: justice is the servant of life. It is there for the people and not the other way around. Lifeful development must never be inhibited or suffocated by formalistic application of already dead and outdated laws. 2) The disparity between the order of life and the legal order will be rare where legal order grew out of the tasks and work of the National Socialist State itself. However, it does not form a separate entity where National Socialism had to take over previous laws. It would be understood that political reality was to be ignored by the fact that an exceedingly legal provision was not yet formally affirmed, and that it was incontrovertible to continue its application, for example by falsely referring to a tacit anerken- 1) The Community Day, 1936, pp. 717 et seq., 718, 2) Stuckart, Rechtswachter und Staat, Deutsche Verwaltung, 1935, p.353 ff.,358,360.