Zep, I say that you cannot legislate safety because you can minimise, but not entirely remove, risk through legislation.
The trouble is that legislators, in their attempts to get re-elected, are sometimes tempted to try and eliminate this last unavoidable risk by blaming the pilot.
This is in the sense of "You crashed, therefore you must have done something wrong, since doing something wrong is illegal, you have committed a criminal or civil offence".
My second point is that if such a logical fallacy is enshrined in law, then pilots and airlines will compensate for this percieved risk of litigation usually through increased charges.
The classic case is Obstetricians, at least in the U.S. and Australia, who are now in short supply because of the astronomical insurance premiums they must pay.
As I understand it, part of the reason for talking about human error instead of pilot error, is to emphasize the fact that there are some types of errors that pilots (being humans?) cannot avoid.