On the topic of max levels, D:OS uses a soft cap system. This is a system that does not artificially give a limit to the level of the player, but since there are no repeatable quests or encounters still has a max theoretical level.
Since encounters do not scale with player level, this means the experience awarded needs to be balanced with the difficulty of the encounters the player is likely to face.
Even if D:OS 2 were to change to a hard cap system, which I do not think it should, it would not fix the fact that during the leveling process some playstyle would put the player ahead or behind of the encounters they will be facing.
I would like it if there was an option or difficulty where enemies always scale up to the players level. That is to say if you have an encounter where you are over leveled the fight can still be challenging but if a player is playing through the game without killing every source of XP they will still have the same relative level to the enemy.
That is not to say that enemies should scale down to a players level. If you go down a path where the enemies are too difficult the game shouldn't put on training wheels for you. The difficulty of enemies was an effective way to steer players towards certain paths as well as give a sense of accomplishment when you were finally strong enough to beat them and I'd like it to stay.
