Earlier quoted context omitted.
You really just simply do not get it. Just like the law can not define Pi to be 3 the law should not be able to influence the outcome of a smart contract if smart contracts work at all because that is how it is intended to work, smart contracts are supposed to be the entirety of the agreement, no outside interpretation should make a difference nor could it make a difference. This is where the Ethereum crowd has - in…
I do get it. I just don't think that's realistic. What smart contracts should be according to you is mostly irrelevant to how the law will treat them.
This so that some guy in China or India and some guy in the United States can agree on terms without having to haggle over whose legal jurisdiction will kick in if and when there is a dispute about the contract.
Until we get a world government and until judges are able to order millions of nodes all over the world to do a hard fork there is no way around a smart contract environment that actually works. But we don't have that at the present, Ethereum as far as I'm concerned was DOA because of DAO.