In place of the traditional epistemological view of knowledge as justified true belief we argue that artificial intelligence and law needs an evidence-based epistemology according to which scientific knowledge is based on critical analysis of evidence using argumentation. This new epistemology of scientific evidence (ESE) models scientific knowledge as achieved through a process of marshaling evidence in a scientific inquiry that results in a convergence of scientific theories and research results. We show how a dialogue interface of argument from expert (...) opinion, along with its set of critical questions, provides the argumentation component of the ESE. It enables internal scientific knowledge to be translated over into a wider arena in which individual nonexpert citizens and groups can make use of it. The external component shows how evidence is presented and used in a legal procedural setting that includes fact-finding, weighing the credibility of expert witnesses, and critical questioning of arguments. The paper critically reviews the standards of admissibility of scientific evidence using the ESE. (shrink)

This paper presents a program of action for the philosophy of regulatory science, based on a general theory of social epistemology. Two candidates are considered. The first one, offered by Alvin Goldman, is not fit for our purposes because it is focused on a veritism incompatible with non‐epistemic aims of regulatory science. The second, championed by Steve Fuller, sociologically investigates the existing means of producing knowledge, to modify them with the goal of obtaining democratic aims through action on a legislative (...) meta‐level. The program has been built upon this procedure, instantiated by the identification, characterization, and modification of epistemic policies. (shrink)