@joefromchicago,
Quote:And if they have to negotiate before they negotiate, do they then have to negotiate what constitute the facts that constitute the facts before they negotiate what constitute the facts?
Yes. Luckily, that started the day they were born. Growing up, they successfully made their way into a position in the social group. They learned a lot of information, and formed their personal understanding of it, all along coordinating that understanding with those around them. All of this can be described as social negotiation, which forms the basis of our common understanding.
If that murder trial was a case where a teenage couple had locked themselves in a room with all their sexual appetite, teenage emo destructiveness and lots of drugs, and the girl was killed. They had done loads of drugs, and the boy has no memory of it when he wakes up.
Would it matter to the outcome of such a case if the majority of the jury members had sons, or if they had daughters? It seems to me that a jury filled with people who had sons instead of daughters, would be more likely to be open to the idea that the boy is also a victim of actions done by the pair of them, while a jury filled with people who had daughters would be more open to the idea that the boy is a murderer.