«Errare humanum est». L’errore nel diritto tra intenzionalità, razionalità ed emozioni

This work revolves around the theme of error (including, but non limited to, mistakes), truing to canvass a comprehensive consideration of the different legal consequences of errors in several branches of the law. Unpredictability, wrong intention, uncontrollable cognitive process and emotions are some of the factors that contribute to make the legal consideration of error a complex task, both for scientists and for legal experts, because the lack of certainty does not allow to pinpoint exactly causes, effects and consequences. The aim of this work is to create a taxonomy of error seen from the perspective of law, with a 360-degree view, because the likelihood to make a mistake doesn’t have boundaries or limits. To investigate this field an interdisciplinary approach is essential. The topic under investigation concerns the different fields of law, but also the studies and contributions of cognitive science, neuroscience and psychology. The starting point is the study of human error, because the understanding of the phenomenon enables the construction of a legal taxonomy of error. The first chapter introduces around the theme, by submitting the most important theory of human error, and giving a brief historical outline of the way the subject of mistake was governed by the law, from Roman law to these days. The second chapter canvasses a possible taxonomy of error in law, gradually increasing the degrees of complexity. The third chapter, with an interdisciplinary approach, lays questions and considers the underlying reasons and problems of this phenomenon. Errare humanum est: is it always possible – and how – constitute a liability regime for someone who makes a mistake?