can’t contracting be relational?; comment on “alignment in the hospital-physician relationship: a qualitative multiple case study of medical specialist enterprises in the netherlands”

Ubels and van raaij provide a valuable account of the operation of novel hospital/medical specialist enterprise (mse) contracts in a dutch healthcare system shaped by market reform. however, their analytical distinction between the separate domains of contractual and relational governance frames the contractual domain more narrowly than does the relational contract theory widely deployed in socio-legal studies. the authors’ conclusion that contract plays little or no part in governing relations between hospitals and mses leads them to underplay a wider realm of contractual practices that develop in the shadow of the written contract. apparent non-use of contracts in favour of shared planning, compromise and extra-legal solutions only takes the form it does because of the potential application of the available legal framework. larger qualitative field studies involving a more extensive combination of interviews and observations may be needed to gain fuller insights into the relational dimensions of the contracting process.