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I attempted to validate code that looked like the following <doctype 4.01> <html> <title> </head> <body> ... </body> </html> and it validated. When I changed to xhtml1.0, it raised an error that there was no head element.
http://www.w3.org/TR/html401/struct/global.html#h-7.4.1 says: The HEAD element [...] Start tag: optional, End tag: optional So the structure you mention, though probably not recommended, and not acceptable in XHTML, is perfectly valid in HTML 4.01.