The ex-Goldman Sachs leader, an alumni of both Harvard University and Harvard Law School, says the elite college nurtured his confidence, writing skills, love of history, and engagement with current events. It was no cake walk—Blankfein wrote that he “survived” the experience more than he enjoyed it. But it was still “the best place to have gone.”
These remedial legal implications of wrongful death suits comport with the plausible moral judgment that the decedent’s kin have claims against the tortfeasor in their own right, although he has not breached any legal duty of care owed to them. The same goes, mutatis mutandis, for loss of consortium actions. The availability of these kinds of actions is readily explicable if the common law is implementing a moral principle such as CFD*. When the defendant negligently kills or injures his primary victim, he does not only infringe the primary victim’s moral rights; he infringes moral rights held by the victim’s kin. These parties have moral rights that the defendant not cause a sort of damage (the death or injury of the primary victim) that will destroy or injure the morally valuable intimate relationship they share with her.212
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correct. And that of course also completely changes the problem: if
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