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Criticisms of the Evolutionary Perspective

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Cognitive psychology emerged as a significant field in the mid-20th century. It focused on understanding humans' internal mental processes. This approach emphasizes how people perceive, remember, think, and solve problems—elements critical to human cognition.
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Denouncing the 'One Voice' Doctrine.

Marcus Teo

    Oxford Journal of Legal Studies
    |March 24, 2025
    PubMed
    Summary

    The

    Area of Science:

    • Public International Law
    • Legal Theory

    Background:

    • The 'one voice' doctrine presumes executive recognition of foreign states/governments is conclusive in legal proceedings.
    • This doctrine, an irrebuttable presumption, faces significant theoretical and practical challenges.

    Purpose of the Study:

    • To critically analyze the 'one voice' doctrine and argue for its abandonment.
    • To propose an alternative rule that preserves the doctrine's core function while resolving its inherent problems.

    Main Methods:

    • Doctrinal analysis of the 'one voice' doctrine.
    • Examination of its theoretical underpinnings and practical application in English proceedings.
    • Comparative legal reasoning to propose an alternative framework.

    Main Results:

    Keywords:
    conflict of lawsconstitutional lawforeign relationsone voiceprerogativerecognition

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    • The 'one voice' doctrine is based on overbroad conceptions of executive prerogative.
    • Inconsistencies in the doctrine's scope and application are unresolvable.
    • The doctrine creates conceptual incoherence with other legal principles.

    Conclusions:

    • Courts should abandon the 'one voice' doctrine due to its theoretical and practical flaws.
    • An alternative rule with a rebuttable presumption and evidential weight for executive certificates is proposed.
    • This alternative serves the legitimate aim of reliably determining state/government status.