X-Message-Number: 1769
From: Graham Wilson <>
Subject: CRYONICS
Date: Fri, 19 Feb 93 12:40:02 WET

> 
> Message: #1760 - Re: Cryonics Suspension Act
> Date: Tue, 16 Feb 93 21:35:34 EST
> From:  (Perry E. Metzger)
> Message-Subject: CRYONICS: 
> 
Perry E. Metzger writes :
 
> Well, being, more or less, an anarchist, I have difficulty understanding
> what precisely it is that such an act might protect one against. I can
> understand prehaps modifying the laws to eliminate the Rule against
> Perpetuities, and to eliminate other barriers to cryonics contracts, but
> I do not see why it is that such contracts couldn't simply be handled
> via ordinary contract law. If the contract explicitly states the obligations
> of all the parties, how can it be any worse than a statute that
> explicitly states all the obligations? And why do we assume that regulatory
> agencies will do anything other than what all the other regulatory
> agencies have done over the years, namely become a burdensome threat
> to all concerned other than the bureaucrats.

Graham Wilson writes -

** Firstly, I should point out that the act should be interpreted with
   regard to English and not American law. However, for the majority
   of the sections the overlap will be the same.

   Perry asks what the act will protect one against ? I think the
   object of the act would be to protect the interests of 
   potential suspendees and cryonic patients against abuse and 
   dishonesty from any new fraudulent would-be cryonics
   company. It would also protect the patient against relatives 
   who might not agree with cryonic suspension. For example, in
   English law there is nothing to stop your relatives having
   you autopsied in order to prevent your cryonic suspension.
   Similarly, in England the powers of Coroner would appear
   to be absolute and unchallengable. He too could arrange for
   your autopsy.

   At the moment current contract law cannot cope with cryonics.
   Issues such as privity of contract and the assessment and
   allocation of damages are inappropriate for our purposes.
   It was, therefore, necessary to propose changes to basic
   contractual principles if a cryonic contract were to be 
   legally valid under English law. Statute law would, in 
   effect, provide the judiciary with the basic ground rules
   for cryonic contracts. It would then be up to individual
   judges to apply the rules accordingly and develop the
   principles and policies contained therein.

   I would agree with Perry that Regulatory Authorities are 
   not always the most appropriate organ to admister a 
   system of rules and regulations. However, I cannot see any
   other alternative.

   At the moment, it could be argued, that under English law 
   that although cryonics it not specifically illegal, there is
   nothing to say that it is actually legal. If the judiciary
   refuse to acknowledge the rights of the cryonic patient 
   then cryonics might as well be illegal by statute for
   all the good it would do.

   Cryonics is therefore faced with a choice. It can either
   wait until legal problems start to crop up and then take
   each individual issue before the courts. This would take
   considerable time which would be of disadvantage to each
   cryonic patient. Similarly, would organisations such as
   Alcor be able to fund expensive and continuous legal
   litigation ? I would doubt it.

   The creation of the Cryonics Regulatory Authority would be   
   based along similar lines to the current Embryological 
   reserach authority which was created to control and 
   regulate research and experimentation upon fetal material.
   This organisation has been effective and provided a
   practical balanced approach to regulation.

   I also feel that any cryonics patient should know that there is
   someone external to a cryonics company who will have the 
   power to represent their interests accordingly. With 
   respect to companies such as Alcor, I think that people are
   placing far too much faith in them to guarantee to maintain
   a cryonic patient in suspension way into the future. Alcor
   is a commerical company operating in a commerical 
   environment. For any company- cryonics or otherwise- this
   in itself is fraught with dangers.

   The Regulatory Authority is the only way in which the patient's
   interests can be guarantee. I cannot think of a simpler or
   more effective way in which to achieve this protection.

-- 
         *********************************************************
         *      Graham Wilson      *    *
         *     LL.B.  Law  III     *     Coventry  University    *
         *********************************************************

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