[URBAN DESIGN Intemational (2008) 13, 21-40 + 2008 Palgrave Macmillan Ltd. 135 5317/08 $3000 var plgrave jours coufu Mesteranean uban ana bung codes gins, conten mace andessons Bes 5. Haine Albuquerque, New Mexico, USA This study on codes is based on the context of the Byzantine and Islamic civilisations of the Near East and the territories that were under their direct or indirect rule and/or influence across all of the northern and southern parts ofthe Mediterranean basin. The study's sources and examples cover 14 centuries, rom the 6th tothe early 20th century. The ‘ticle is divided into sx sections: origins and diffusion, content ofthe codes, examples of specific codes, impact on the built environment. lessons for contemporary and future practic, system a6 andi elates a coneusion. to the phenomenon The section and on lessons science adresses of Emergence. in some 1 Ths details of crucial the attributes importance of the because traditional ts a primary consideration for achieving successfl sustainability in our cites and bult environment in general Urban Design International (2008) 13, 21~40. doi 1.1057 /ud.20084 Keywords: Mediterranean; Byzantine slamic; codes; generative program emergence Origins and diffusion Byzantine and Islamic codes have dtect oats in practices and customary laws inthe ancentcvlisations ofthe Near East, but they evolved separately. Ther fusion inthe vast tertitories surounding the Mediterranean basin demonstrates ther look-alike impacts an the but cemironnent due to overlapping sinlaities inthe two system of rules particulary because of common goals and intentions underlying the rales and the specific cades. There is no evidence that clearly demonstiates how the Byzantine system influenced its Islamic counterpart (Lemete 1971)2 On the contrary the evidence suggests that Ilsmic rules and codes evolved fram exsting practices in ‘Correspondence: Tel/Fax p 1 505 298.4711, E-mail arcan@sprynetcom is what happens when an interconnected system of relatively simple elements sel-orgarizes to form mare intelligent, more adaptive higher level behaviour. Iisa bottom-up model rather than being engineered by 2 general or @ master planner, emergence begins at the ground level From book cover Uolson, 2001) 1 Emergence 2 The Arabs were not obsessed with taking over the caltural heritage of Antiauity atthe time oftheir conquests! (p. 21), and The two worlds ore strangers to each other (0.27) the region, particularly inthe Arabian Peninsula, during the 7h century when Islam emerged. This is corroborated by a numberof the Prophet's sayings and deeds regarding matters related to land use, its distibution, and various aspects ofthe construction process, He especially empha Sized practices that were compatible with lamic values (Hakim, 1986), {As for Byzantine codes, the treatise of Julian of Ascalon from Palestine, writen during the period $31-533 CEs the oldest source specifically written for construction and design rules that have so fr been discovered, Its use became widespread in the Byzantine Empire when it was incorporated inthe Book ofthe Eparch of Constantinople during the reign of Emperor Leon VI (85-912 CB, Subsequently in 1345 CE, it was incorporated in the Hexabibls of Armenopoulous in Thessalonixi (Hakim, 2001)3 This widened its infuence in the Balkan countries, and earlier in 3Jullan’s treatise was included as a par of the Book of the Eparch in Constantinople, 377 years after ie was written, an then 435 years later in 1345 CE, twas incorporated inthe Hexabibles, a span of 812 yeas aftr its authorship in Palestine other regions that were under the contra af the Byzantines, such as southern Kay, [Although Jalan’ treatise was composed during the same years ofthe compilation of the Corpus Juris Civils on orders ofthe Emperor Justinian 1527-565 CE, its stipulations were firmly rooted inthe customary practices in the broader area of Bad al-Sham, which included Palestine. In fact, the original treatise’ te rendered in English is: From the treatise of architect Julian of Ascalon on the laws, oF conventions in Palestine (lakim, 2007), One ofthe sources that pre-dates Julian and is frmly embedded in practices ofthe Near East region isthe Syro-Roman Lawbook, dating to about 468 CE (Hakim, 2001)4This brief discussion sto establish the common roots ofthe two systems of codes that spread to the whole Mediteranean regions via the Byzan tines and Muslims. Figure 1a-dis base maps forthe years 528, 830, 998, and 1360 CE respectively that have been used to locate various ‘treatises which included ruls forthe built environment stributed ta the Byzantine and felsic cultures Map 528 CE (Figure 13) shows the frontiers ofthe Eastern Roman/Byzantine Empire and the location af Ascalon 5 years before Julian's treatise was completed Map 830 CE (Figure 1b) shows the frontiers ofthe Byzantine Empire and the teritores gaverned by Islamic dynasties. Medina, located in the Arabian Peninsula, was a major source fr Islamic law throug ching and writing of mam Mall (712-795 CP) The eats treatises on city, neighbourhood, and building construction were written during this petiad in Cairo and Cordoba, both crectly inuenced by Malik They vere the work of Ibn Abd al-Hakam (767-829 CE) from Caro, and Ibn Dinar (d. 827 CE rom Cordoba, Bath treatises are lost but are cited by Iater authors Map 998 CE (Figure 1c) shows the location of Kairouan and Tutla and the work of Ibn Abu Zaid (922-996 CE) from the former and Ibn Aor details about this source, written in Syriac, see the work of Arthur Voobus. In his swo-volume study of The Syro-Roman Lawbook. ‘Stockholm, 1982, he indicates how much embedded is this compilation of cades inthe ancient practices and laws af the Near East, including roots to Hammurabi’ las, al-Imam (940-996 CF from the later. The teatse of lon al-mam specifaly addresses urban and constuction topes and draws on works from Medina, Cairo, Cordoba, and Kairouan It should be nated that all ofthese treatises are from the Maliki School of Law. The earliest known work (0m this subject from the Hanafi Schoo! of Law s by al-Murajaal-Thagaf from the region east of Baghdad, as shown inthe map. Map 1360 CE Figure 1) showe the locations of Tunis and Thessaloniki lon al-Rami, a master bullder from Tunis (about 1350 CE, wrote 2 Comprehensive treatise on building and urban codes and related customary laws of his region. He draws on previous and contemporary works and also on local opinions and practice, including his own, This treatise has been stud exten sively by te present author and ts at main cases racorded and pulished (Hakim, 1986). During this period in Thezealonki, within the terttory ofthe Byzantine Empire, lwyer by the name of Armenopovlos compiled his large compendium on claw in 1345 CE, known asthe Hexabiolos (esx books). Julians treatise ‘rom 533 CE was included and comprises the bulk of Book 2 ofthis wrk Iti through this work by Armenapoules that Juans stipulations were further entrenched in the teritores ofthe then shrinking Byzantine Empire, and especially in the Balan countries and Greece were its influence continued well nto the late 19th century and early years ofthe 20th century. 6 fonale and Figure 28 a sample page from the 1200s CF ofa surviving copy of Julia's treatise. This copy wae discovered in 189% CF by a Swiss scholar as @ part ofthe Book ofthe Enarc, attributed te the reign of Emperor Laon VI (886-912 CE}, Figure 20s 3 sample page from one ofthe four surviving copies of Ibn al-Imam’s treatise from 10th century Tti, It is generally known by the long title of Rules for abutting buildings ana prevention of ca mages: There are now three Arabic verications and commentaries ofthis treatise published in SChapter 1; ‘lamic law and rneighbornoed building guide Hines’ 15-54, 6A case using a stipulation from Julian was found ina legal document dated October 1826 a6 a pat ofthe local administration of the island of Naxos, Greece, This demonstrates the longevity of Julian's influence and how many of his stipula tons became embedded as a part of local customary aw.1996 in Saudh Arabia, 1999 in Morocco, and 2008 in Tunisia 7 7The nature ofthese codes are nt to be viewed as being similar to contemporary planning regulations that are written to enforce an adopted master plan. Traditional towns, that are the subject ofthis study, were conceived and implemented according to knowin concepts and customary practices of a particular region, However, the incremental process of growth and change required that they fllow accepted customary practices and rules known within the locality, These rules were formalized within the legal literature to provide local courts a framework for making sound and equitable decisions when two or more parties face confit resulting from changes and adjustments to their inmeate surroundings. ls from this legal erature that we can identify specific rules ane codes that were applied inthe built environment of traditional towns. Content of Byzantine and Islamic codes: their similarities and differences For the comparison the present study uses the treatises of lan (wtten during the peried 531-533 CB to represent the Byzantine system, and Isa bir Musa a-Tutall known aston al-Imam (940-896 CE) to represent the [lamic sytem. bn al-Imam vas from Tutl, maser Tudela, Spain, bout 50 miles northwest of Zaragoza, His treatise was influenced by the work of schlars from Medina in Arabia, Cato, Cordoba, and Kairouan (an Staevel, 2000)8 First let us look atthe BFor a detailed study of the sources that Ibn a-Imam utilized in writing his work, see Jean-Pierre Van Staovel's dissertation, 2000im. eae See se SS ir troncacte een ae eas Figure.2 Similarities of these two treatises in terms oftheir underlying goa: ‘Te goals to deal with change in the built envionment by ensuring that minimum damage occurs to pressing structures and their mers, ‘through stipulating fairness in the distviouton of rights and responsibilies among various partes, particulary those who are proximate to each ‘other. Ths ukimately wll ensure the equitable equiliorum of the bulk environment during the process of change and growth. 9 ‘Te underlying assumed intentions that are evident by a careful study ofthese treatises are: 7, Change inthe built environment should be accepted 36a natural and healthy 9Equitable equilibrium isa term used here to imply that faimess and justice must always be maintained between the right of proximate neighbours to achieve harmany and good wil phenomenon. In the face of ongoing change, is necessary to maintain an equitable equi brium inthe bil environment 2. Change, particularly that accurting among proximate neighbours, creates potential for damages to existing dwellings and other uses ‘Therefore certain measures ae necessary to prevent changes or uses that would i-eesut in debasing the social and economic integrity of adjacent or nearby properties, i create conditions adversely affecting the moral integrity of the neighbours, and (ji) destabilize peace and tranquility between neighbours. 3. In principle, property owners have the freedom to do what they please on their own property. Most uses ar allowed, particulary those necessary fora livelihood, Nevertheless, the freedom to act within one's propery is constrained by pressing conditions of neighbouring properties, neighbours rights of seritude, and other rights associated with ownership for certain periods of time, 4. The compact built vironment of ancient towns necessitates the implementation of inter dependence rights among ctizens, principally among proximate neighbours, As a conse quence of Interdependence rights, it becomes necessary to allocate responsibilities among such neighbours, particulary with respect to legal and 5. The public realm must not be subjected to damages that result from activites or waste originating in the privat realm. In addition to the intentions above there isan adeltional generic rule in on al-Imam's treatise: leis the right of 2 neighbour to abut 2 neigh bouring existing structure, but he must respect its boundaries and its owners property Fights ‘This is clearly an important additional right evident in most treatises writen by Muslim scholars regardless of the School of Law to which an author belongs. This implies a host of necessary rules in dealing with common party walls (Hakim, 1986). The emphasis on abutting adjacent structures and on party wall although mentioned in Byzantine codes are not as elabo rate asin their Islamic counterparts. Ibn al-imam also addressed issues related to streets and the ‘ina’. 10.On the question of overlooking and views, Muslim societies were mare concemed with preserving privacy rom visual intrusions. Whereas Byzantine societies were especialy concerned withthe preservation of pleasant views such a fof the sea, mountain, orchards, and public mural on walls. This isan example that clealy demonstrates how culture is encoded, or embodied, inthe bult form through codes. The following isa lst ofthe isues and related cases that were addressed by Julian and ln a-Imam, Julian addresses te fllowing issues:Land use: including baths artisanal workshops, and socaly offensive uses Views: for enjoyment and also those considered a nuisance 10Fina fan invisible space of about 100-150 m wide alongside all exterior walls of a bulding, primarily alongside streets and access path. It extends vertically alongside the was of the building and allows extensions tobe bul rom upper levels such a balconies, awnings, and even rooms bridging a stret called ‘sabat (see Figure 8) Houses and condominiums: involving acts that debase the value of adjacent properties, walls between neighbours, and condominiums in multi- storey buildings and those contiguous with porticas Drainage: of rain and wastewater. Planting: of trees, shrubs, and other vegetation. Ibn atmam addresses more issues: Land use: location of mosques, bakeries, shops, and public baths. Streets: open-ended streets, cul-de-scs, na, projections on streets, servitude and access Walls abutting and sharing rights; ovnershp rights and resporsiblties. Overlooking: visual corridors that compromise privacy generated by the location of doors, windows, openings, and heights. Drainage and hygiene: ain and wastewater drainage: responsibilities for cleaning septic tanks, and removal of garage. Pantin: of tees, and other vegetation. Animals: atl, sheep, chicken, birds, ane bees Figure 3 points cut the underlying concepts and principles (Qava‘id Fighyat) of Islamic law that governed the rationale forthe processes of change and growth, The original Arabic version ofthese principles is includes for reference. The English translation of the seven Qaida 1. the bass for action is the reecom to ac, 2 stimulated and judged by the intentions for those actions, “ = wo / \ [pale slr figae 4 3. which ae constrained by the prevention of damages to others, 4, however, itis sometimes necessary to tolerate lesser damages 509s to void greater anes, 5. older established facts must be taken into account by ajustng to their presence and conditions, 6 people's © customs must be respected and 7 however, time might change those customs and new solutions will be needed + followed, {An important goa for these principles isto achieve equity between neighbours when expectations, demands and needed change would create benefits to one awner to the detriment af his neighbours). Tao owners (A and B) are illustrated inthe diagram. The effect ofthese principles ‘overtime tends to equitably harmonize the competing and sometimes conflicting de mands of adjacent overs Figure 4 portrays the conceptual representations of impacts an the local level three geomevic shapes denating thee settlements) by proscrptve meta principles, and by prescriptive imposed laws. 11 The diagram an the lel represents a settlement’ ability to respond freely to local conditions and require ments, but is restrained by an overarching set of| ‘1Prosctption i an imposed restraint synonymous with prohibition as in Thou shalt not, for example, you ae fee to design and manipulate your property provided you do not create damage on adjacent properties Presciption i laying down of authoritative dtections as in "Thou ‘shalt for example, you shall setback from your front boundary by () meters, and from your side boundaries by () meters regardless of site condltions. Byzantine codes in many instances included specific numeric prescriptions, unlike their amc counterparts tha tended not to Include them, ‘meta-princpls. This would result in settlements that are diverse in ther physical form and exhibit dstinc identity, The diagram on the right repre sents how prescriptions from a central author, which are usually far removed from alocalty, can inhibit creatve solutions to local problems. Over time the resulting settlements would tend to become similar to each other 12Figure S shows the various uses and implications of the ina’. Columns on both sides af the Sabat allow flexibility forsale and purchase ofthe room above the right of way. igure 6 shows atypical sequence ofthe emergence ofthe fabric of» prototypical traitional islamic neighbourhood, flowing locally applied codes and customary practic. Onsite studies of sequences showing growth and change are essential for understanding how the codes worked and the nature ofthe acertion process It should be neted that beth Byzantine ad Islamic law recognized local customary practic. When determining the vality of a custom in 2 pacific jurediction Byzantine courts respected the concepts of cansensus popul and longs can suetude J. de Malafosse, 1962) In Islamic low ‘the local Ur (ie customary practice} was recognized as valid provided it id not clearly contradict Islamic values and law (Hakim, 1934), 12For examples from the past ane can see how each town has cstnct features and a sense of place unique te its bul form. Whereas one can 00 the almost dential and use pattems and bul form features in te thousands af communities that were builtin the United States afer ‘Wor War I tat i, from about the early 1950s. {Oe eees Figures Examples of specific codes and their impacts ‘Tere area number of codes related tothe isues covered by Julian and Inn al-Imam. Four codes have been selected that tended tobe universal in tir impact in shaping the bul form of racitonal owns inthe Mediteranean, Local customary practice determined the fnal form and character ofa place Party walls Buildings abutting each other on more than one side were a major feature of ancient and trad ional towns dating back to 2000 BCE and earlierigure -6 inthe Near East Julian recognized ths age-old custom in Palestinian towns and addressed it in his treatise. The longevity of ths custom in the Byzantine and post-Byzantine periods canbe traced forward, over 1200 years, toa ruling in 1777 in €ocuments found atthe island of Syros in the Aegean. In Islamic culture the isue of sharing party walls was affirmed bythe Prophet himself during his reign in Medina (622-622 CB, which translates as:'A neighbour should net forbid his neighbour to insert wooden beams in his wal! ‘Muslim jurists, including Ibn al-Imam and others who wrote about construction and design codes to ensure that neighbours respect ths right slays quote this saying, Implementation detail for ths stipulation were developed by jurists and are fully documented in Islamic jurisprudence literature, 13 Two aeil photos of traditional towns from North Africa and Greece demonstrate the Impact ofthis stipulation (Figure 7a and by, Fina syn: Hari) ‘This san invisible space about 1.00-1.50 m wide alongside all exterior walls ofa building which is not attached to other walls and primarily slong side streets and access paths. extends vertically alongside the wal of the building, The owner or tenant ofthe building has certain rights and responsiblties associated with his fina. Although Juan dees not specifically mention it its usage is clearly evident in Gree ‘and villages that have survived since the past-Byzantine period, primarily from the post-1800s period. There is adequate evidence for this concept from prestlamic istry in Arabia; the concept was thoroughly recognized by Muslim jurists and scholar in the extant erature ofthe Near East, North Africa, and pre-1500 Span. Iisa powerful concept and an effective tool that has done much to allow the articulation of the {facades and thresholds along the public realm. Builtin benches near entrances, troughs for vegetation, high-level projections in the form of balconies and enclosed bay windows, and rooms bridging the public right-of-way (sabat~ Arabic term ~ escussed below) were all possible due toimplementing the various allowances ofthis concept Maintenance 13Remarkable similarities have been feund from the north of France in the 13th century. Probably due tothe influence of Byzantine/Roman law, although the linkage has not ye traced: The Coutumes de Beauvaisis of Phillippe de Beaumanoir Completed in 1283. The County of Beauvais ofthe 13th century is located in the north of Paris. This book contains specific dynamic type of codes that are remarkably similar to the type of codes found inthe 6th century Julian of Ascalon treatise on building and in Islamic codes from the Mid-East, North Arica and Spain. Consider thie example from Chaptar 24 on Customs (equivalent to the Urtin Arabic rom article 706: (ut other building conventions are current in the bigger towns because the lots ae narrower for my neighbour may support his constuction beams against my adjaining wal, whether | want him to er not, provided tha the walls strong enough for my hause net to be in dangery continues). Ths clearly allows abutting of buldings together incrementally across the passage of time,Figure.7 ‘of streets and private passageways, by keeping them clean and safe from obstructions, was also related to the responsibilities associated with Using the fina, Figure dare examples fram Tunisia, Greece, Italy, and Spain, respectively, Visual corridors Views from primary windows, balconies, and teraces of houses~ of the se, mountains, ardens, and orchards were considered im portant in Byzantine and later Greek culture. Accordingly, spulatons and codes were devised to protect these assets. Evidence of such codes exists since the Roman period and from the late Sth century Constantinople. Figure 9 shows the major consideration of views ofthe sea in dulian’ trestise In islamic culture, protection from visual ntu sion inte the private realm of houses was the paramount consideration Views were appre ciated ven available, but they took second place to the Blacking of visual corridor into the private realm. Figure 10 was develope using the treatise ‘of bn al-Rami in Tunis from the early 1th century. The original codes do not specify dimensions but rather intentions for performance. The dimensions indicated in Figure 10 ae interpretations ofthisFigure.8 author. To dicourage overlooking neighbouring terraces, raf terraces in many tational towns in the Muslim wor would be screened by parapets. ay windows towards the public realm, usally located at upper levels, would be Screened ty wooden latices which allowed views Fran rata OF OLSEN ko Oo seers i = |e or asaoun cn ars 5 ew or ororan sen Figure.9 ofthe ouside but prevented those outside from sesng in 4 Sabat (yn: Stogasto [Naxos] and Katastegia [Mykoncs] } ‘Te configuration and possibility of bridging the public right-of-way emanates from the concept ofthe fina It's a device that allows the creation of additional space attached toa bulding. Codes writen by Muslim jurist cleat stipulate the legal rights associated with constructing abate In Figure S the fina is shown in section and an inciation en how it merges from both sides ofa street to form the sabat \When buildings on both sides af a street are owned by the same person, then he can create a sabat by directly using the walls for suppor. When somebody else owns the building on the "leo fram The Coutumes de Beawvaisis of Philippe deBeaumanoir completed in 1283 (se note 13 above, the isue of privacy and overlooking is addressed ait was in lamic codes. Example from article 708: (hen someone makes his garden or yard in a private place where the neighbours cannot see in, and one of the neighbours wants te build next tot, you cannot prevent him from building, but you can prevent him from Building a door or window which would spoil the privacy of the yard or garden: for same people would dot in ba ‘sth to take away thei neighbours’ privacy. Therefore a perzon wanting light fn that side must putin an opaque window, then there will be light and the neighbour’ place will nt be spoiled) ‘opposite side ofthe street, then the party who wants to build a sabat might decide to use columns for support abutting the opposite exterior wall Or alternatively, both sides can be supported by colurnns that will hen make the sabat marketable to the opposite neighbour at future Unknown time, Sometimes adjacent neighbours along the axis of the street might azo decide to build sabats This wil esult in continuous sabats abutting each other and ferming a tunnel effect over the street. The question of height clearance forthe right-of way is addressed by ‘Muslim jurists by stipulating that the clearance be high enough te allow the height of a rider ofa beast of burden to pass unhindered. In certain regions the measure was a fully loaded camel For example, in post-lslamic Toledo, the Spanish codes ofthe early 15th century prescribed that a kcight with all his weapons be the measure for the clearance. One ofthe stioula tons in Armenonoulos's Hexabiblos(mis-14th century) specifies that any projections, such as balconies, must allow a clearance of 15 feet above the street level ‘Tere ar other considerations tobe aware of, which are not ciscussed inthis study, related tothe distribution of responsibilities among various partes whose decisions affected the bult environment the procedures that were followed in making those decisions, and the manner conflicts ete addressed and resolved. There are numerous leszans for us ta be lerned from tase considerations, particulary Siiemont tema 2.0 Aprox soepale hgh window 160 evrage tig toe ee 00-125 Hag of beer tect tnd on as Sitline Figure. 10 in viewing them as precedence and possibly models, for simplifying our pracedures and pattems of responsibilty allocations that in many instances ae hindrances to achieving equity and quality inthe built environment, Impact of codes onthe traditional uit environment ‘There area very large number of examples from the southem andl northern regions af the Meciterranean which demonstrate the impacts ofthe building and urban codes, briefly discussed above, onthe built form quali andl characteristics of villages, twins, and etes. However, ‘especialy interesting isthe phenomencn af tone inte Puglia and Calabra regions of southem lly where a large number of towns exhibit astonishing similares in ther urban structure and form to those in North Afric. Yet the presence of the Muslims in ‘th and 10th centuries ofthe Common Era, We de find a scholar like Enrico Guidoni using the term ‘alan-Mustm town planning’ to deseribe this phenomenan (Guidon, 1979). 1se regions of aly (excluding Sicily were Muslim rule Issted over two centuries) was of temporary nature inthe ‘what processes and rules were followed in establishing towns in Puglia and Calabria?15 Did 15My question does not apply to Sicly that was Under Islamic ul for over two centuries (832-1056 CE),aes. the Muslims have enough time to establish t ir system of urban development in the various towns of ths region that display urban structure sm similar to [lami urbanism? Figure 11 are plans of sb towns (nat to the same scale), Figure 12s the plan of Cisternino, and Figure 13 isa view of atypical street Cisternin. All sven towns are from the Puglia region of aly. They al display astonishing similares to stale 16A Greek manuscript known as the Precheiron Legum’ was found in Sverato on the eastern shores of Calabria, about 30 km south of Cantanzara. This was possibly authored during the reign of Emperor Basil (876-1025 CE), and subsequently revised inthe reign ‘of the Norman King Roger il (1107-1154 C2). The author is unknown but as evident from its contents he compiled this treatise fram the two official manuals ofthe Ecloga of Leon Il (717-741 CB, and the Procheiros Noms of Basi | (867-886 CE}. See Procheron Legum (eds) F arandileone and V.Puton, Instituto Storia Italiana, Rome, 1695. Remark able similarities to the "Procheiron Legum’ are event in the contents ‘of Julian of Ascalon's treatise and in Islamic codes. towns, especialy apparent in the street system comprising of through streets and culde-sacs. My ewn suspicion s that Byzantine codes were wel established in this region and were embedded in the local customary laws that were used in the development ofthese towns. 16 Extensive research ofthis question is necessary and waits to be undertaken, In such towns as Toledo and in numerous towns and vilages in southern Spain, the effects ofthe rules and codes, which have their roots in the Islamic period, are on display. Casares, a town inthe Andalusia province about 80 miles southeast of Seville, s one such example. However to acquire a more complete picture the phere menon of the transtion and changes tothe built environment inthe Iberian Peninsula from islamic to Christian contrl is important to investigate and is curently being stud by the Red 4 Figurepresent author. However, from 3 cursory invest gation some evidence ofthe continuation of Islamic aw and practice and also the influence of Roman/Byzantine laws has been found. Ths is particularly evident inthe codes ofthe Alife institution, particularly from the available manus scripts written in Teledo and Cordoba that can be traced tothe 1Sth century Common Era. The practices and impacts of Alar inst tinued in Andalusia well into the 19th century (Berto, 1986; Gonzalez, 1996) (Christian rulers als introduced concepts and specific stipulations that contradicted both sia mic and Byzantine laws. This was probably done to reste 2 new identity for Christan rle vis built form features in towns and cites, particularly considering the centuries of continuous Islamic rule, The results of such an investigation vil uminate theoretical sues relted ta urbanization in general, but more specifically to urban history in the tbevian Peninsula [As forthe Islamic world, we stil ind very large numbers af towne and cites that dgplay the typical pattern that is based on the typology of courtyard buildings and the access system of through streets and cul-de-sac. Granted, a numberof cites in the Islamic word didnot follow this pater, choosing instead a diferent typology of buildings and urban morphology as evident in traditional towns of Yemen and the Southwestern region of Saudi Arabia. But therein lies the wisdom of the code system, which was responsive to diferent morphologies, because its excble, comprehensible, and easily imple mentable Customary laws and codes with their distinct attributes, evolved in Greek towns and villages during the period of approximately 1500-1900, because of the lack ofa central authority that imposed building standards atthe local level. This has resuted in unique architectural ané urban landscape features stil admired by visitors from all parts of the world, Unfortunately this began to change when the central authority in Athens began to impose its central codes and standards forthe whale county from about the fst third ofthe 20th century. Uniformity and sameness bbegan to creep in slowly; the process continues to this day Inthe mid-1980s, on the island of Paros, Greece, it was observed thatthe concept of ‘the fina was alive and well as was the use of sabats However if local traditional ules and codes are not revive in places such as Paros, all will be lost in the coming decades. Lessons for contemporary and future practice Itis essential and instructive to understand the system and processes underlying the develop ment of traditional towns and cites. Recent science can provide Ut with gnod analogies that clarify the phenomenon, John Holland's book contains useful insight (Halland, 1995). In Chap ter The explins what a Complex Adaptive 17The phenomenan of self-regulating and adaptive systems has been the focus of many disciplines for at least the last 50 years, such as in physics, biology, econmics, and geography. has been scrutinized by mathematics and has captured ‘he imagination of socal scientists whose interpretations brought the fincngs ofthese various disciplines, especialy the life sciences closer to Urban planning and design. The fllowing ae brief definitions af the primary terms used to explain the phenomenon of Emergen the term Emergent Form (the outcome that rsulls from a batlom-up organization which fellows its own set af rule that are often fairy simple. Complex adaptive system (2 farm of stem containing many autanomaus agents who selt-organize in a co-evalutionary way to optimize ther separate values. Self-regulation (When a complex adaptive system slf-orgarizesislf it would need rules to fellow during processes of change ‘and growth. It thus forms such rules to follow, and they are generally few and simple). Negative Feedback (neg ‘the system to a balanced tranquil state where equity is maintained between acjacent neighbours). Generative Program vs Descriptive Program (a generative program is based on bottom-up rules that are understood and followed by various actos in system. Their aggregate decisions create a unique emergent form. Whereas a descriptive program is one thats usually top-down directed and instructed where all actors follow the same rules regardless of ther particular miro condition, resuting ina predictable outcome), Non-lineartyGinear isa property of straight lines, of simple proportions, of predictability. Nonlinear on the ather hand applies to systems that do unpredictable things, that cannat be cexaclly predicted and need to be approximated), Agents and Aggregate Agents (the basic elements of» Complex Adaptive System are agents ‘Agents ae semi-autonomous unis that seek to maximize their fitness by evolving overtime. Agents scan their environment and develop schema, Schema are mental templates that define how reality is interpreted and what are appropriate response fora given simul. The term ‘Aggregate Agents is used to refer tothe aggregate result of decisions and acts by a number of agents) “related to tive feedback tends te return System is and how it works by identifying Adaptive and Agoregate Agents. Individual agents behaviours determined by 2 colection of ules that area convenient way to describe agent strategies. These agents interact with each other according to rules that produce aggregation of agents a the next level and those may again be aggregated to adé new hierarchal levels. Rules can change as experience is accumulated, This is precisely what occurs in tractional bul environ ments as described eae in the present article, What is ako importa complex adaptive sytem is non-linear and dynamic that creates unpredictable and diverse results within the framework of rules. Although ‘multitudes of changes do occu, particularly at the mio evel, overall coherence ofthe character and identiy ofthe town or citys not compromised. 17 19 understand is that 3| Ina recent study (Hakim and Ahmed, 2006) we have demonstrated how the traitional ty in 18th century Norther Nigeria embodies the characteristics ofa self-regulating and adaptive system. The sel-regulaing aspect isa result ofthe decisions and actions of specific individuals in starting new compounds of small farms. In doing so, they respond to existing conditions on adjacent properties by acjusting thei planning and design decisions. Overtime, changes and adaptations occur in compounds as their owners adjust and adapt to changes in neighbouring ‘and contiguous compounds The alignment of path ways and streets wil be delineated and extended in response to the creation and/or changes of farm boundaries and compound wall Another important phenomenon that occurred in traditional towns s feedback, There are two types of feedback: negative and postive. isthe former that can handle random changes, and 2 way of reaching equllbrium and equitably. Positive feedback repeats the same action again ‘and again and i associated with top-down prescriptive codes as evident in current zoning laws The relationship between proximate neighboursde pends on decisions affected by negative feedback, such as when a window from one house overlooks the private domain of another. The ‘owner ofthe latter reacts by demanding thatthe window be sealed or removed. However, ifthe window was there before the new neighbour built his house, he must respond by laying out the house so that overlooking would nat accor. Figure 13 ranean urbanism, depends on living with in boundaries defined by rules. The system's these rules Emergent systems, such as we find in traditional Me capacity forleaming, growth, and experimentation derives from is adherence Another important property in a ving dynamic system is its network pattem. Networks of communications generate fedback loops, and such systems learn fom mistakes. Thus, 9 community can correct ts mistakes, regubste, snd organize itself as explained above inthe example of negative feedback Itis extremely instructive for further understand ing the underlying generative system and its codes that shaped traitional Mediterranean towns is to use the analogy ofthe human or animal embryo. The following insight i fom Lewis Wolpert’ book (Wolpert, 1991). He uses the term ‘generative program’ asa framework for explaining how a generative system works: The embryo does not contain a description ofthe animal to which it wil give rs, rather it contains a generative program for making it is Hike recipe and diferent fom a descriptive program, and a complex form can come ffom a simple program that is essentially contained within the ‘genes that contro cell behaviour. Thee is no ‘mater builder’ in the embryo. Each cell inthe developing embryo has access tothe same genetic information. A genera principle ofthe embryonic organization is that smalls beautiful, There is no central government but rather, a number of smal self-governing regions. This is what occurs in atypical traditional bulk environment, thats the cell referred to above isthe agent or individual household, the embryo isthe town under formation and once formed will continue to experience change and growth The genetic information is the rules and codes ‘that individuals follow without being dicated by a top-down authority. The small governing regions correspond to neighbourhoods in the town, Ina book by Virgina Postrel (Postrel, 1998), she asks in her introductory chapter: How we fel about the evolving future tells us who we areas individuals and asa civilization Do we search for stasis ~ 9 regulated, engineered world? Or do we embrace dynamism ~ 2 wold of constant teation, discovery, and competition? Mediterranean traditional urbanism and its aso cated generative processes, rules, andl codes represent dynamic systems that allow creation and discovery and celebrate bottom-up decision making processes. Current zoning codes, and recent attempts to replace them with form= based codes, ae sass in nature and ace regulated, engineered, and mostly based on top-down decision-making structures. Yet should be noted that form-based codes, such a5 the SmartCode, does provide advantages that are absent in current zoning codes Postel's general principles for dynamist rules ate remarkably similar to the principles of rules and associated decision-making processes found inmost waditonal built enviconments around the Mediterranean. Postrel’ fv principles are (1) allow individuals Gnelucing groups of inv uals to act on their own knowledge: 2 apply to simple, generic units and alow them to combine in many lifferent ways3. permit credible, understandable, enduring, and enforceable commitments 4. protect ctcsm, competition, and feedback, 5 establish a framework within which people can create nested, competing frameworks af more specific rules. In general therefore current types of coding, whether they are conventional zaning that dictate land use and enforce nominal prescriptive regula tions for each use, or form-based codes that require adherence to very specifi stipulations related to the form of the bulding or clusters of buildings are all top-down codes that are sass in nature and cannet produce the dynamism discussed above, ‘On keeping rules simple, which was an essential attrbute of Mediterranean codes, the book by Richard A. Epstein is very relevant (Epstein, 1995). He suggests seven simple rules that in his estimate, wil sutfice to deal with about 95% of all possible situations facing the legal system in the US. His proposed rues are seltowmership, er autonomy, first possession, voluntary exchange, protection against aggression, limited privilege for cases of necessity, taking property for public use on payment of ust compensation and ‘ake and pay. 18 Regarding the question of how the law can be made to act dynamically, 8, Ruh's proposals are worthy of consideration (Ruhl, 1996). He pro poses to make rights-hased common law, a system that is adsative, a corner stone ofthe legal system inthe US. The three positive features of common law that he cites are: (Common law changes slowly and incrementally because itis limited bythe dimension of rights as exercised ‘and enforced 18For a detsiled discussion and the rational for these rules see Part I of Eptein’s book, pp. 3-148. There are may similarities in ‘the spint and purpose ofthese rules to the Meciterranean rules and codes that were discussed earlier in this study ‘that allows it to evolve with society's needs. (2) The common law tackles issues as they come, keeps their components tagather because itis adaptive and decides issues in ther context, thus avoiding incomprehensible outcomes. 19 (3) The common faw operates atthe component interaction evel vs current legal practice that, more often than not, tackles problems abstractly. The result is thatthe commen law, because of its evolutionary qualities, is focused more on system structure and process thus avciding it to fllnto stasis. All ofthe above qualities ofthe common law ae vey similar tothe legal structure and its associated processes found in traitional Medi terranean societies. thus enforces the qualities of complex adaptive systems and its dynamic non linear nature. I helps to self-regulate legal decisions and promotes the emergent qualities in the bulk environment acussed earlier because itis esentialy 2 bottom-up system that responds to local mero conditions To further adress the question: What are the lessons for contemporary and future practice? It shouldbe remembered that modern towns and cites have employed many technologies that were absent inthe past. Specifically the car and its requirements for street design and parking including mut-story parking structures, infrastructure technologies that include sewers, water, electricity, and communication lines. In adtion, the contemporary cty, at least since about the mid-20th century, has added various building types that di not exit in the past, such as, airports, arge hospitals, factories for numerous manufacturing processes, and so on. Therefore it's necessary to demarcate te city nto sectors ‘that would require control and management of infra structure and buildings that are for public use and that require precision and technological 19For a detailed study ofan issue that was 2 part of common lw practice inthe UK see the excllent study by Howard Davis, The Future of Ancient Lights, Journal of Architectural and Planning Research, (2), Summer 1989, 132-153. The dectrne of ancient lights was also practiced in the early history of the US but was finally struck down by the New York Supreme Cour inthe cae of Parker vs Foote, 1838 (19 Wend. 305) Another sty that describes the workings ofthe common law in London during the 13th o 15th centrias is by Diane Shaw, The construction ofthe private in medieval London, Journal of Medieval and Early Modern Studies, 26(), Fall 1996, 447-466. A mare general study that also clscusses similar issues in medieval urban England is by Vanessa Harding, Space, property, and propriety in urban England, Journal of Inter cisciphnary History, 32(4, Spring 2002, 548-568. know-how for their construction and maintenance, and the rest of most of the city thats dedicated to housing ‘The lessons from the traditional Mediterranean experience, particularly its aspects of control, management, and coding, are primarly applic able to the housing sectors of contemporary and future towns and cities. The following essential principles, applicable to the habitat sectors of cites, need tobe adopted and applied Habitat or housing, formation and its subse quent growth and change overtime should be formed and designed to behave as a Complex ‘Adaptive System. The sytem must also be Sel- Regulating. The system must rely on feedback. Negative Feedback is what should occur during ‘the process of self-regulation, as described earlier. The system must operate by 2 Generative Program and not a Descrintive Program. The ‘generative program must be non-linear n nature, that i, it should rely on decisions that are informed by feedback. [A the micro level Agents behave in Adaptive ways, and they form the next level of Aggregate Agents who in tur form anther ayer and 39 on. {An agent could be an individual or 9 houseeld, The Responsibly distvibution between agents 3t various levels will equte making changes to the cutent system of production and delivery, such asthe role ofthe developer in assembling and sub-dviding land‘Te rules and codes should primarily be bazed on intentions far performance and therefore should be Prosriptve in nature. However, 2 ‘minority ofthe codes might have tobe prescriptive, particularly those related to tech nological elements such asthe car and vatious infrast ‘Te resulting system for habitat wil be Dynamic in nature, which means ergent forms and configurations, particulary atthe micro lve willbe unpredictable. The resulting qualities of form will be unique to each location, thus enhancing the sense of place and identity at each micro level ofthe built environment. These unpredictable and sometimes surprising results will be evident fom the level ofthe house design to ‘the manner chistes of houses relate to each other, tothe character ofthe public realm in streets, and tothe level ofa whole neighbourhood To summarize, the above principles are therefore anchored in the following keywords: Complex Adaptive System, Se-Regulation, Negative Feed back, Generative Program vs Descriptive Pro gram, Non-Linear, Adaptive Agents, Aggregate Agents, Responsibility Distribution, Simple Rules, Proscriptive vs Prescrintiv, Dynamic vs Stass, Emergent Form, See definitions in note 17 Finally recent examples of attempts to work ut akematves to curent practice in habitat produc tion are highlighted. The work of Christopher Alexander comes to mind for theoretical con structs, and his built and unbuit projects. This is amply documented in his recent feur-volume book The Nature of Order (2002-2005). Volume 2 addresses process, and Volume 3 comprises many examples of built and unbuilt projects inluding a numberof housing projects that attempt to recreate the underlying processes of traditional urbanism including the properties that are embo died in thelist of keywords above, 20 Leon Krer's Poundbury development, an exten sion of the ct of Dorchester in Dorset, UK, is another example for attempting to re-create the character and sense of place of traditional towns and vilages ef that region. Its an example ofa top-down structure of decision-making: from cresting 2 general masterplan to the manner in which the strats are lid eut tothe lying out the blacks for houses. The delegation for design cof each building toa diferent architect, fellowing a reasonably coherent code isa process that is only party similar to what occured in traditional towing an has resulted in an environment with character and a sense of place, Needless to say that without Leon Krier overseeing the proces at allits tages the results might not have been ‘successful. This is very lifferent from develop ment of traitional towns tat did not have a master planner overseeing its development. How lever, Poundbury may be viewed as a fist step experiment toward future attempts that will embacy more ofthe principles that have been outlined above 20For Alexander's work on neighbourhoods and related generative codes vist: ho /wmlvingneighborreodsora/ ht-0/oln-expihtm. For Halém’s work on traditional Meeiterra nean towns ane their codes visit itp /wn.charettecenter.nat/Hakim. Aso, see Hakim, 8, Generative processes for revitalizing historic towns or heritage disticts, Urban Design International, 12/3, 2007: 87-99, ‘Tae SmartCode by Andres Duany et al, which is now inversion 80, i rapidly being disseminated inthe US va workshops, the Internet, and by other means. isa model cade thats designed tobe adopted by local governments after changes are made tothe code by using a process of calibration. The code is based on seven zones along a transect covering areas from the natural the uban core and special dsticts. The imple mentation ofthe code requires 2 top-down structure and technical expertise due t its many provisions that are mostly prescrintive, Calibrating the code to specific locality requires thorough technical understanding of how the code works and very sensitive reading ofa locality’ characteristics to make it locally friendly. As it relates to the lesions and attributes of traditional uanism outlined above the cade can be described as based on a descritive program that relies on prescriptive stipulations is stasis in nature and does not foster unpredictable emergent form, {An attempt has been made recently by this author to incorporate various attributes ofthe processes that shaped traditional towns ina project sponsored and funded by the UNDP (United Nations Development Program) for revitalizing the historic sectors ofthe towns of Muharraq and Manama in Bahrain. 21 Briefly, a contr. management and coding system has been devel oped that is based on a revival ofthe traditional system but adapted to the current structure of government in Bahrain, The proposed system embodies most ofthe principles and attributes of traditional towns th have been summarized Conclusion \We have seen from the material inthis study how traditional owns located arcund the Meditera ‘ean and beyond display individual uniqueness in ther bull form qualities and overall physical attributes inching a3 also know from observation and research that rong sense of place. We residents develop a strong sense of attachment to thir town ane always remember with fondness 21The artcle in Urban Design International mentioned in note 20 contains 2 brief description of the Bahrain project. Work on that project by Hakim was completed atthe end of February 2006. ‘the sense of place in and aroun thelr neightour hoods later on in Me then they are living elsewhere in ‘modern’ contemporary bulk envie ‘onment settings.The study also demonstrates and explains the typical coding system and its attributes that was used. What i remarkable, however, about this coding system ands related decision-making mechanism ~ particularly as it relates o bulding in sequence and the steps that are appropriate for each family and for each neighbourhood - is that it clearly replicates natural phenamencn and related processes of inception, growth, change, rejuvenation, decay, and rebirth. The phenomen an of Emergence that was discovered and elaborated on within the last two decades by scientists from diferent disciplines confirms that these traditional towns fllaw models of sustainable natural processes In the current awareness among concerned individuals and societies about global warming sustainability, democracy, and the strive to achieve justice, equity, and quality inthe built environment thatthe lessons ofthe model of traditional towne from around the Mediterranean and in countries that have followed similar pattern of development, that we find inspiration and clear lessons to follow and implement now and inthe future. Acknowledgements parts of is study were presented ealer at two conferences: (1) Congress forthe New Urbanism, Council V en Codes, held in Santa Fe, Now Mexico, USA, October 2002. 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