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relatively new, having been first articulated near the end of the nineteenth century.14 Well before zoning arose as a planning tool, American cities were developed in response to market rather than social forces, and mechanisms for development were typically found in private law solutions. Zoning followed these private land use arrangements, and in the late twentieth century, with the bloom well off the rose of zoning, there arose New Urbanist devices such as form based code. A. The Economic Impetus of City Formation Until the late nineteenth century, much of the population of the United States lived outside of the cities in relatively low density rural areas. Only five United States cities, New York, Philadelphia, Baltimore, Boston, and Charleston, had populations over 20,000, and these cities developed around ports that supported commerce.15 Most of the persons living in early American cities were associated in some respect to the manufacture, marketing, and distribution of goods which were the raisons d'etre of the cities.16 As one commentator has observed, urbanization was structured around an ideological and cultural paradigm called "privatism," where the focus was on the accretion of individual wealth. i' United States cities were created, organized, and to a great extent defined, not as communities of social or political participation, but as a"fusion of money- 14 For a general discussion of the roots of planning, see Jon A. Peterson, The Birth of City Planning in the United States, 1840-1917 1-28 (2003). 's Alexander von Hoffman & John Felkner, Joint Center For Housing Studies, Harvard University No. W02-1, The Historical Origins and Causes of Urban Decentralization in the United States 4(Cambridge, Massachusetts 2002), available at http://www.jchs.harvard.edu/publications/communitydevelopment/von_hoffman w02-l.pdf. 16 Id " Timothy J. Gilfoyle, Urbanization, in A Companion to 19th-Century America 152, 156 (William L. Barney ed., 2001).