1) it seems like they are being faithful to D&D and sticking with a mix of deliberate *big* loot (eg..Firekreig always drops Carosmyr in BG2), and randomized lesser loot among less important encounters. I am curious about how the shops are stocked, however, it seems like the loot in them is more or less fixed.
2) The more important distinction to make with Divinity is loot level. Utilizing D&D itemization will mostly eliminate this by default (using Carosmyr as an example, a +5 Holy Greatsword is just as good at level 23 in ToB, as it was when you first got it at level 12-15. With a very few exceptions, Loot in Divinity is traded in every level by merchants restocking their wares with higher level gear. I specifically remember doing a quest and getting the Holy Sword of Flame in DoS1, and if it wasn't too weak to bother with when I got it, it was replaced after a level or two for sure.
3) In my opinion, randomized loot that is specifically scaled by level doesn't make much sense outside of an MMO or Diablo type game, but even then, the real progression doesn't start in those type of games until you are max level, so the outleveling gear kind of becomes a moot point.
