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Subject: Re: [legalxml-econtracts] RE: Proposal: One container per level inthe clause hierarchy (was Re: [legalxml-econtracts] Caption Numbers)


John McClure wrote:
> Jason. now that I'm understanding a little more of your approach, here's a stab
> at your markup applied to the 3 level structure I posted the other day. 

 >>From your note, it sounds like you want (holding aside the issue of 
Caption
 > Numbers):
 >
 > <Contract>
 >    <p>text for a para eg recital</p>
 >    <Article>
 >       <Title>Article Title</Title>
 >       <p>text for article, or is this text for a para in the article.</p>
 >       <p>text for another para in the article.</p>
 >       <Section>
 >          <Title>SectionTitle</Title>
 >          <p>text for section, or is this text for a para in the 
section.</p>
 >          <p>text for another para in the section. </p>
 >          <Paragraph>
 >              <Title>Para Title</Title>
 >              <p>text for para.</p>
 >              <p>text for another para</p>
 >          </Paragraph>
 >       </Section>
 >    </Article>
 > </Contract>

That looks right. At least from <Article> down.  The TC has not said 
anything about the front or back matter, ie your "<p>text for a para eg 
recital</p>" which precedes the <Article>.

I think that we'll discover that it makes sense to put the clauses of 
the contract into a container, so at the highest level you might have:

<Contract>
	<FrontMatter>

		[your "<p>text for a para eg recital</p>" would live in here]

	</FrontMatter>
	<Clauses>

		[Articles in here]

	</Clauses>
	<BackMatter>
	</BackMatter>
</Contract>

> As I
> look at the markup, whether you call it <p> or <body> or whatever, I don't see
> how you overcome the problem with the paragraph at the top of the document,
> prior to any clauses (or articles or sections) being introduced. 

If you look at a collection of written contracts, you'll see that the 
clauses are always highly structured, and I claim, can be properly 
modelled by the hierarchy that I have advocated.

That is the only part of the contract the hierarchy is intended to apply to.

What we do with the rest is a separate problem, albeit one which can 
also leverage off the hierarchy (if a hierarchy is required, eg in the 
recitals).

> If there is
> formatting associated with this <p> tag, such as p {margin-top:1em}, then I am
> concerned that it would affect the layout badly within the <Artlcle> element,
> because it would place that content onto a different line, without fail. 

The comes back to the philosophical question about the relationship of 
this work to presentation.

I know you disagree here, but my view is that styling is a separate 
concern to structural markup.


> I just
> don't see it working correctly if one wants the text for an Article, or Section,
> or Paragraph, to be on the same line as the Title of the block, I am sorry for
> being dense about this, but it's not immediately clear how that would be done. 

For this, you have two perfectly sensible choices:

1.  transform your Title, so it appears on the same line as the text

2.  start with the title inline in the text in the first place, maybe 
using an element called something like <InlineHeading>, or just <bold>

I don't see how this is a criticism of the hierarchy i have proposed. 
Is it a question about where a Title should be allowed?

I haven't responded to the rest of your post, because it comes back to 
the philosophical question about presentation.

cheers,

Jason



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