First, I suspect that he and others working in this vein may well find themselves in conversation with figures from the legal past such as Karl Llewellyn and, before Llewellyn,
John Chipman Gray. Llewellyn lacked Professor Knight's far more sophisticated understanding of the problems of measurement, but his great book, The Common Law Tradition, (17) could be seen as a first and necessarily primitive effort to develop the tools for evaluating opinions that Knight is seeking.
A good place to start is with a line from
John Chipman Gray, attorney and professor at Harvard Law School, who wrote in 1909 that "the law is what the judges declare." (3)