Non-legal theory in judicial decisionmaking.

The role of judicial reasoning is to make a decision with current implications based on past political decisions within the confines of a certain framework, and non-legal theory can enter this matrix at multiple points. Judges might use non-legal theory as motivation, clarification, backdrop, or justification. Justification makes use of non-legal theory after the decision-making has been completed in an attempt to support the result that has been chosen. While judges may often make poor use of the reasoning of other disciplines, there is no doubt that non-legal theory has an increasing presence in judicial decision-making.