At the risk of getting flamed... level Scaling does make some sense.
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I agree, I liked the fact that in Oblivion you could just replay and do quests in a different order to get a different feel from them.
Without level scaling there are dungeons and quests where you will get pwnd and that would restrict you to do quests in a specific order.
But there has to be a balance between the two, or the world will just flow with your character and there are no real challenges to overcome or nothing.
Sometimes it's good to get pwnd and to be forced to run away, or to sneak inside a dungeon and be genuinely scared.