The problem is that Smart Contracts aren't sold as "Computer Program" they are sold as binding agreements forged in code. The code was agreed to by all parties.
I absolutely get your position, and possibly hypocritically supported the main branch when ethereum had a big fork over exactly this issue. But its also not hard to see where the "code is law" guys are coming from.
I don't think this matters. It's equally true of natural language contracts, which are litigated constantly.
With a legacy contract, both parties typically choose which legal jurisdiction the contract is executed in.
With a smart contract, you have the option to bake in a third parties keys to sort dispute resolution. If you choose not to, I dont see why it should be litigated instead.
To my mind, the choice not to have a mediation or dispute resolution option is just as much the "Intent" as not being hacked and drained of funds.