I partially agree on Your post.

Partially, because I think that there does not exist a "smart contract" without a CONTRACT. Under my interpretation smart contracts ARE NOT contracts (I hope to publish soon both in Italian - already sent -  and in English - translation in progress).

So while smart contracts cannot be enforced by law, UNDERAGREED CONTRACT could be enforced!

The real problem is for contract between pseudos: in this case there is a big problems for the identification of the PLAINTIFF and/or the DEFENDANT.