[Taxacom] oldest species name priority

Thu Apr 23 18:44:16 CDT 2020

If I understand correctly, you have a case where a species is variously 
placed in two different genera. Presumably these two genus names are 
based on different nominal type species, otherwise the junior name would 
automatically be an objective synonym (same type species), and as such 
an unavailable name anyway. If you regard the two generic names as 
synonymous then the older name should be used as valid.

An application to the Commission to overturn the older genus name in 
favour of the junior synonym in a case where both names have been used 
in the last 121 years is highly unlikely to be approved, unless there 
are other serious mitigating arguments in favour of the Commission 
granting the application.

Adam.

On 24-04-2020 06:02, JF Mate via Taxacom wrote:
> Don´t worry John, the Code can be legalistic soporiferous read. In
> regards to your issue, if both names have been used continuously for
> many decades I don´t think you have a strong case against priority.
> However you write ¨there is no choice but to re-establish the old
> name¨. Doesn´t this contradict the wide and continuous use argument?
>
> J
>
> On Thu, 23 Apr 2020 at 22:30, John Grehan via Taxacom
> <taxacom at mailman.nhm.ku.edu> 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> 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> 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> 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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