Reference no: EM133270331

Question - According to The "veil of ignorance" described by John Rawls, author of A Theory of Justice, suggests that a self-interested, rational person or judge making a decision is uninfluenced by extralegal factors such as gender, race, or social class. A perfect system for making legal decisions would ignore extraneous influences. In reality, social, legal, and political matters influence court decisions, and the veil of ignorance fails.

Two major constraints influence the courts' decision making. Constraints of facts - are legal influences requiring that a related case be considered before making a ruling. Constraints of law - require that justices consider which laws apply to the case based on interpretation of the Constitution, statutes, and precedent.

Political and personal influences outside of these areas, however, may factor into decisions. Outside influences include public opinion, special interest groups, and politicians. Inside influences entail personal beliefs, political association, and professional relationships. Subjective decisions (based on extralegal factors) are not uncommon, although courts attempt to rule based on objective criteria.

Using a scholarly source Do some groups benefit when a judge is influenced by outside factors? Which groups? Why is that? How would you minimize these extralegal factors? Explain.