I guess each player has his/her own preference for spawn / non-respawn and scaling / non-scaling mechanics depending on his/her personal play style. Fortunately, there are enough games out there which cater to different tastes.
The point is: D:OS has no respawns and it has no level scaling. This has been known for a long time and people who pledged or bought the game did it because they liked this approach. The no-respawn and no-scaling mechanics are not going to change anymore.
And although the discussion in this thread has many interesting insights into arguments of both sides, it is pretty much useless since the debate about personal preferences can go forever.
I, for example, would be very disappointed if D:OS would get level scaling. I like wandering into a high-level area with a low-level character and take on the challenge to defeat the enemies there. There is a feeling of achievement in it which would be lost if there were level-scaling. I also like to come back to the original low-level area and one-shoot all the foes.
