So, for example, the seminal New York wrongful death statute maintains that “in every such action the jury may give such damages as they shall deem fair and just, with reference to the pecuniary injury resulting from such death to the wife and next of kin of such deceased person.”222 The language of such an enactment precludes construing it as an exercise in engineering social incentives or a humanitarian gambit for distributing the costs of misfortune. Rather, it reflects the widespread moral sentiment that we often have a claim, in justice, to redress for the injuries we suffer through the killing or injuring of our loved ones. It is simply that the formal structure of the common law, as (perhaps infelicitously) described and cemented by Baker v. Bolton, did not permit this prosaic sentiment even rough expression.223
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