Access, Claims and Contracts

Guidance on content patterns and key concepts: scopesocial architectureactor mapsstatute booksinitiative booksresource booksthree realm mapsmacro classificationmeso classificationmicro classificationpico classificationgovernment functionsindustry sectorsmunicipal circles — contracts and claims — scope of claims


Actors' Powers

Any actor derives powers from the resources, material, social, economic or political, to which it has access, or for which its claims have been legally established.

Some actors also have the power to enter into contract with other actors.

A contract or treaty is a means of willing parties assuming obligations among themselves, and a party to a contract that fails to live up to their obligations can be held liable under (international) law for that breach. The central principle of treaty law is expressed in the maxim pacta sunt servanda—"pacts must be respected".

Social Fabric

The social fabric is the totality of access-rights and claims that actors in a society have created, ordered and allocated.

Access

Access is the opportunity or right to see or use something.

Claim

If someone claims something of value such as property, money, land, a title, etc., they say that it legally belongs to them, for example when it was lost for a time, or someone else has it, or its ownership was uncertain

Contract

Contract is a legal term for an agreement made between two or more persons which is recognised by law and whereby each party to the agreement undertakes to do, or to refrain from doing, a particular act in consideration of the other party undertaking to do, or refraining from doing, some other specified act.

Treaty

A treaty is a written agreement between two or more states. Treaties take effect either immediately on signature or, more often, on ratification.

(International) agreement, protocol, covenant, convention, exchange of letters, etc. Regardless of the terminology, all of these international agreements under international law are equally treaties and the rules are the same.

Legislation

The whole or any part of a country's written law. In its broad sense the term includes Acts of Parliament (or comparable bodies), as well as law made under powers conferred by Act of Parliament.

In the European Union, there exists also Community Legislation, law made by the Council of the European Union, or by the European Commission.

The agreed exchanges of claims linking each individual and the (collective/general will or) sovereign issuing the legislation could be likened to a social contract, as coined by Jean-Jacques Rousseau in his 1762 book: all forfeit the same amount of freedom and impose the same duties on all [1].

Bibliography
1. J.-J. Rousseau, 1762, Du contrat social ou Principes du droit politique. Some more details at: http://en.wikipedia.org/wiki/The_Social_Contract,_Or_Principles_of_Political_Right
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