Earlier quoted context omitted.
smart "contracts" = essentially a severless service running on a decentralized platform smart "contracts" != legal contracts
How decentralized is a platform that hardforks via human intervention? What happens when the 51% choose to take the money of the 49%? If your blockchain changes the rules, because someone followed the rules of the code, but following those rules led to the "wrong" people losing money. Then your blockchain is more harmful than useful.
Decentralized systems work by consensus and by choice, for the DAO the consensus of the community is to stop the theft. Some might disagree and move to their own fork.
In the scenario of the "51%" you described, the "49%" would simply move to their own forked chain if they so choose.