[Taxacom] oldest species name priority
Michael A. Ivie
mivie at montana.edu
Thu Apr 23 16:08:54 CDT 2020
I spend so much of my time dealing with authors who could not bother
themselves to be competent. If you want to do taxonomy, do the work to
be competent. What you are doing is like someone saying "I want to do
brain surgery, but that morphology text is really complex. Will one of
you just tell me where to cut?"
Become competent before you try doing this stuff, and knowing the Code
is part of being competent.
Mike
On 4/23/2020 2:48 PM, John Grehan wrote:
> Mike - I understand that you have your perspective. It may not
> necessarily be right. Lazy or not, there is nothing to say I cannot
> just ask up front on Taxacom and no one is obliged to answer. So it
> really does not matter. It might have been more polite to just not
> respond at all - especially when jumping to incorrect assertions about
> the temporal scope of my taxonomic work.
>
> John Grehan
>
> On Thu, Apr 23, 2020 at 4:38 PM Michael A. Ivie via Taxacom
> <taxacom at mailman.nhm.ku.edu <mailto:taxacom at mailman.nhm.ku.edu>> wrote:
>
> OK, The purpose of the Code is specifically to promote stability,
> not to
> do senseless name changing for legalistic purposes. The Code
> itself is
> an attempt to promote stability and consistency in the vast
> majority of
> the situations. When the Code does not promote stability, you go
> to the
> Commission to set aside the rules for the overarching goal. This
> is not
> rocket science, and if you read the Code, you will know this stuff.
>
> It is an abuse of the community to not do your own work. Not reading
> the Code, and instead asking others to do the work is just being
> lazy.
> In fact, it is all in there. If you read it, and have questions
> about
> specific provisions, that is one thing, but to just start with no
> reference to having done anything yourself is really abusive to those
> who do their own work.
>
> Mike
>
> On 4/23/2020 2:29 PM, John Grehan via Taxacom wrote:
> > I had one response off list that was a bit abusive - "There is
> never a
> > situation of no choice. You have been doing taxonomy
> > for decades, can you really have never read the Code? You are
> embarrassing
> > yourself."
> >
> > Actually I have not been doing taxonomy for decades and I do
> find the code
> > difficult to comprehend at times and I know that there are people on
> > TAXACOM who are well versed in all the complexities and issues
> and so I
> > wish to take advantage of that expertise. I don't give a damn if I
> > 'embarrass' myself.
> >
> > John Grehgan
> >
> > On Thu, Apr 23, 2020 at 4:12 PM John Grehan
> <calabar.john at gmail.com <mailto:calabar.john at gmail.com>> wrote:
> >
> >> Tony,
> >>
> >> Thanks for that information. If I read correctly from below I
> am faced
> >> with a situation where two generic names have been extremely
> widely used
> >> over the last several decades, but the older name has had been
> used since
> >> 1899. If I understand correctly there is no choice but to
> re-establish the
> >> old name which to me is a rather senseless act to be imposed
> upon the
> >> natural history community simply because of this assertion.
> Thoughts?
> >>
> >> John
> >>
> >>
> >> In accordance with the purpose of the Principle of Priority
> [Art. 23.2
> >>
> <https://code.iczn.org/validity-of-names-and-nomenclatural-acts/article-23-principle-of-priority/#art-23-2>],
> >> its application is moderated as follows:
> >>
> >> 23.9.1. prevailing usage must be maintained when the following
> conditions
> >> are both met:
> >>
> >> 23.9.1.1. the senior synonym or homonym has not been used as a
> valid name
> >> after 1899, and
> >>
> >> 23.9.1.2. the junior synonym or homonym has been used for a
> particular
> >> taxon, as its presumed valid name, in at least 25 works,
> published by at
> >> least 10 authors in the immediately preceding 50 years and
> encompassing a
> >> span of not less than 10 years.
> >>
> >> On Thu, Apr 23, 2020 at 3:30 PM Tony Rees <tonyrees49 at gmail.com
> <mailto:tonyrees49 at gmail.com>> wrote:
> >>
> >>> Hi John,
> >>>
> >>> I think you will find your question answered in the following
> >>> extract from "the Code online". Basically my understanding
> (hopefully
> >>> correct) is that unless the senior name qualifies as a nomen
> oblitum,
> >>> priority is only reversible by a ruling of the Commisison
> following an
> >>> application setting out sufficiently convincing grounds for
> doing so.... I
> >>> append the relevant wording from the Code below.
> >>>
> >>> Regards - Tony
> >>> Tony Rees, New South Wales, Australia
> >>> https://about.me/TonyRees
> >>>
> >>> 23.9. *Reversal of precedence*
> >>>
> >>> In accordance with the purpose of the Principle of Priority
> [Art. 23.2
> >>>
> <https://code.iczn.org/validity-of-names-and-nomenclatural-acts/article-23-principle-of-priority/#art-23-2>],
> >>> its application is moderated as follows:
> >>>
> >>> 23.9.1. prevailing usage must be maintained when the following
> conditions
> >>> are both met:
> >>>
> >>> 23.9.1.1. the senior synonym or homonym has not been used as a
> valid name
> >>> after 1899, and
> >>>
> >>> 23.9.1.2. the junior synonym or homonym has been used for a
> particular
> >>> taxon, as its presumed valid name, in at least 25 works,
> published by at
> >>> least 10 authors in the immediately preceding 50 years and
> encompassing a
> >>> span of not less than 10 years.
> >>>
> >>> 23.9.2. An author who discovers that both the conditions of
> 23.9.1 are
> >>> met should cite the two names together and state explicitly
> that the
> >>> younger name is valid, and that the action is taken in
> accordance with this
> >>> Article; at the same time the author must give evidence that
> the conditions
> >>> of Article 23.9.1.2
> >>>
> <https://code.iczn.org/validity-of-names-and-nomenclatural-acts/article-23-principle-of-priority/#art-23-9>
> are
> >>> met, and also state that, to his or her knowledge, the
> condition in Article
> >>> 23.9.1.1
> >>>
> <https://code.iczn.org/validity-of-names-and-nomenclatural-acts/article-23-principle-of-priority/#art-23-9>
> applies.
> >>> From the date of publication of that act the younger name has
> precedence
> >>> over the older name. When cited, the younger but valid name may be
> >>> qualified by the term *nomen protectum* and the invalid, but
> older, name
> >>> by the term *nomen oblitum* (see Glossary
> >>> <https://code.iczn.org/glossary/>). In the case of subjective
> synonymy,
> >>> whenever the names are not regarded as synonyms the older name
> may be used
> >>> as valid.
> >>>
> >>> *Example.* The valid name of a species formed by including the
> nominal
> >>> taxa *Aus xus* Schmidt, 1940 and *Aus wus* Jones, 1800 in a single
> >>> taxonomic species is *Aus wus* Jones, 1800. But if the
> conditions in
> >>> Article 23.9.1.1 and 23.9.1.2 are met, then *Aus xus* Schmidt,
> 1940
> >>> becomes (unless the Commission rules otherwise) the valid name
> of that
> >>> species. However, if the nominal taxa do refer to separate
> taxonomic
> >>> species the names of these are *Aus xus* Schmidt, 1940 and
> *Aus wus *Jones,
> >>> 1800. If, on the other hand, the two taxa are treated as
> subspecies of a
> >>> single species then the names of these are *Aus xus xus*
> Schmidt, 1940
> >>> and *Aus xus wus* Jones, 1800 - not *Aus wus xus* Schmidt,
> 1940 and *Aus
> >>> wus wus* Jones, 1800.
> >>>
> >>> *Recommendation 23A.* *If suppression desired. *If in the
> opinion of an
> >>> author suppression of the older name, rather than a change in
> the relative
> >>> precedence of the two names involved, is desirable, in
> addition to taking
> >>> action under Article 23.9.2
> >>>
> <https://code.iczn.org/validity-of-names-and-nomenclatural-acts/article-23-principle-of-priority/#art-23-9>to
> >>> maintain prevailing usage, the author should refer the case to the
> >>> Commission with an appropriate recommendation for a ruling.
> >>>
> >>> 23.9.3. If the conditions of 23.9.1 are not met but
> nevertheless an
> >>> author considers that the use of the older synonym or homonym
> would
> >>> threaten stability or universality or cause confusion, and so
> wishes to
> >>> maintain use of the younger synonym or homonym, he or she must
> refer the
> >>> matter to the Commission for a ruling under the plenary power
> [Art. 81
> >>>
> <https://code.iczn.org/the-international-commission-on-zoological-nomenclature/article-81-use-of-the-plenary-power/>].
> >>> While the case is under consideration use of the junior name
> is to be
> >>> maintained [Art. 82
> >>>
> <https://code.iczn.org/the-international-commission-on-zoological-nomenclature/article-82-status-of-case-under-consideration/>
> >>> ].
> >>>
> >>>
> >>> On Fri, 24 Apr 2020 at 05:15, John Grehan via Taxacom <
> >>> taxacom at mailman.nhm.ku.edu
> <mailto:taxacom at mailman.nhm.ku.edu>> wrote:
> >>>
> >>>> Dear colleagues,
> >>>>
> >>>> I would be grateful for comment regarding use of names where
> normally the
> >>>> oldest validly published name takes priority. But do the rules of
> >>>> nomenclature allow for acceptance of a later name where it
> has been
> >>>> widely
> >>>> used over a long period of time if an application is made to that
> >>>> effect? I
> >>>> recall that this can be done, but would be grateful for
> clarification.
> >>>>
> >>>> john Grehan
> >>>> _______________________________________________
> >>>> Taxacom Mailing List
> >>>>
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> >>>> The Taxacom email archive back to 1992 can be searched at:
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> >>>>
> >>>> Nurturing nuance while assaulting ambiguity for about 33 years,
> >>>> 1987-2020.
> >>>>
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> >
> > Nurturing nuance while assaulting ambiguity for about 33 years,
> 1987-2020.
>
> --
> __________________________________________________
>
> Michael A. Ivie, Ph.D., F.R.E.S.
>
> NOTE: two addresses with different Zip Codes depending on carriers
>
> US Post Office Address:
> Montana Entomology Collection
> Marsh Labs, Room 50
> PO Box 173145
> Montana State University
> Bozeman, MT 59717
> USA
>
> UPS, FedEx, DHL Address:
> Montana Entomology Collection
> Marsh Labs, Room 50
> 1911 West Lincoln Street
> Montana State University
> Bozeman, MT 59718
> USA
>
>
> (406) 994-4610 (voice)
> (406) 994-6029 (FAX)
> mivie at montana.edu <mailto:mivie at montana.edu>
>
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>
> Nurturing nuance while assaulting ambiguity for about 33 years,
> 1987-2020.
>
--
__________________________________________________
Michael A. Ivie, Ph.D., F.R.E.S.
NOTE: two addresses with different Zip Codes depending on carriers
US Post Office Address:
Montana Entomology Collection
Marsh Labs, Room 50
PO Box 173145
Montana State University
Bozeman, MT 59717
USA
UPS, FedEx, DHL Address:
Montana Entomology Collection
Marsh Labs, Room 50
1911 West Lincoln Street
Montana State University
Bozeman, MT 59718
USA
(406) 994-4610 (voice)
(406) 994-6029 (FAX)
mivie at montana.edu
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