[ghaff]

Which is one of the issues with smart contracts. Yes, written contracts are the contract in the physical world. And sometimes people get outlawyered or just plain screw up and lose money because of circumstances that they didn't foresee. But when things come to court, there's still generally some oversight usually provided through the court system or mediators to put the brakes on clearly absurd and/or unfair results. Which is generally considered a positive thing.

[vkreso]

Of course! Customs and other legal (based on moral) norms are basically the primary source of law or of its interpretation. Human systems based on rigid, or even utopian (that is totalitarian in practice) rules simply cannot handle the complexity of the real world. The system may seem good and functional at first but with the first problem which would because of the nature of complexity and chaotic system dynamics of human interactions inevitably happen, the system would crash (or in this case, get forked) since it would not offer any flexibility.

Without getting too abstract, even traffic lights or zebras, from the perspective of a pedesetrian, (as an example of a simple system) would be a horrendous and extremely time consuming experience if its rules were enforced by the letter. Imagine if you could >only< pass the road accross the zebras...

Human made systems need to be imperfect and the rules need to be flexible or the system will fail.