Examining epistemological challenges of Large Language Models in law

Large Language Models (LLMs) raises challenges that can be examined according to a normative and an epistemological approach. The normative approach, increasingly adopted by European institutions, identifies the pros and cons of technological advancement. Regarding LLMs, the main pros concern technological innovation, economic development and the achievement of social goals and values. The disadvantages mainly concern cases of risks and harms generated by means of LLMs. The epistemo- logical approach examines how LLMs produces outputs, information, knowledge, and a representa- tion of reality in ways that differ from those followed by human beings. To face the impact of LLMs, our paper contends that the epistemological approach should be examined as a priority: identifying risks and opportunities of LLMs also depends on considering how this form of AI works from an epistemological point of view. To this end, our analysis compares the epistemology of LLMs with that of law, in order to highlight at least five issues in terms of: (i) qualification; (ii) reliability; (iii) pluralism and novelty; (iv) technological dependence; (v) relation to truth and accuracy. The epistemological analysis of these issues, preliminary to the normative one, lays the foundations to better frame challenges and opportunities arising from the use of LLMs.