Abstract
INTRODUCTION 919 I. TRUST, BETRAYAL, AND CONTRACT IN THE HEALTH SPHERE 920 A. The Contractarian Challenge to Trust-Supporting Legal Rules......... 922 B. Selfishness-Suppressing Norms and the Case Against Contract ........ 925 C. Ex Ante Choices and Later Selves 927 D. Opportunism and the Problem 930 II. CAN THE CASE FOR CONTRACT BE SAVED? 932 A. Is There a Crisis of Trust? 933 B. The Relationship Between Health Care Law and Trust 934 1. Treating trust as a problem 935 2. Treating trust as a virtue 939 3. Regulation as distrust. 947 CONCLUSION: MARKETS FOR TRUST AND BETRAYAL . 949
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