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civic, and commercial centers to serve the new populations.133 Such explicit civic planning, wrote Jacobs, often failed.134 This was because it failed to take into account that there was order underlying even the seeming unplanned disorder of successful cities, order that resulted from "an intricate and close grained diversity of uses." 135 Form based is a New Urbanist tool whose goal is to reinstate form and utility based cityscapes of the pre-zoning period of American cities. Form-based code, however, attempts to reproduce traditional city diversity in all of its meanings by moving away from a formal rational legal system136 of traditional Euclidean zoning and planning and towards a more substantively rational 1aw137 growing out of self-government. Form-based code, however, is not "un-planning, it is alternate planning by persons who in many cases may not be accountable. As such it offers a flawed answer to the problems of a more formal, centralized zoning and planning regime. As Arthur Stinchcombe writes in When Formality Works,138 there is an increased assault upon formality in legal and social systems because of misconceptions about how formality functions.139 Formality in the context of traditional zoning is not the source of ill-functioning cities, social exclusion or the skewed power dynamics that are often seen in American cities . Rather, these ills and especially the creation 133 T.7 1 LG 134 Id 135 Jacobs, Great American Cities, at 14. 136 Formal rationality refers to a system of law which creates and applies a body of universal rules to a particular area of endeavor. See Gunther Teubner, Substantive and Reflexive Elements in Modern Law, 17 Law and Society Review 239, 240 (1983), citing Rheinstein 1954 64, 39 137 Substantively rational law achieves a specific purpose or goaL Id. at 240, citing Rheinstein, 63, 303. 138 Arthur L. Stinchcombe, When Formality Works: Authority and Abstraction in Law and Organizations (2001). 139 Id at 2 37