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)

Tribunals have come to depend increasingly on expertise for determining the facts in cases. However, current legal methods have proved problematic to work with. This paper argues that, as a special model of public understanding of science, assessing expertise should consider source credibility of expertise from internal aspects, including scientific validity and reliability, and external aspects involving the credibility of experts. Using the Carneades Argumentation System we show that the internal and the external aspects are mediated by the structure of (...) the argument from expert opinion with its matching set of critical questions. (shrink)