Indeed. It seems redundant if smart contracts are just another expression of the “real”, legally enforceable contract. When not implement it in legalese directly and eliminate the possibility of a scam in the code?
Most contract disputes are about disagreements between the parties, not about how the contract just became impossible because a cat burglar stole the property that was the subject matter of the contract.
If the "real" contract is the one enforced by law, and the "smart" contract is the one that might facilitate a burglary, why not dispense with the latter?