Taxacom: [KU SUSPECT SPAM] Re: Fwd: Re: Article 70.3

Wed Jun 7 05:30:23 CDT 2023

Glad to be mistaken! And, of course, the text of
all editions of the 'botanical' /Code/ can be accessed
at iapt-taxon.org/historic/index.htm

Paul

On 07-Jun-23 09:24, Thomas Pape via Taxacom wrote:
>>>> As far as I know the first three editions of the Code are not online
> Previous versions of the Code can be found in BHL through this link:
> https://nam10.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.iczn.org%2Fthe-code%2Fthe-international-code-of-zoological-nomenclature%2F&data=05%7C01%7Ctaxacom%40lists.ku.edu%7C3a43083e651f402f620e08db67423611%7C3c176536afe643f5b96636feabbe3c1a%7C0%7C0%7C638217306679429033%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=xOiEHDkoPXsKos54eCRtinTL60uvQvIPZv8jrl%2BDJUs%3D&reserved=0
>
> The current version (fourth edition) with all amendments incorporated is only available online:
> https://nam10.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.iczn.org%2Fthe-code%2Fthe-code-online%2F&data=05%7C01%7Ctaxacom%40lists.ku.edu%7C3a43083e651f402f620e08db67423611%7C3c176536afe643f5b96636feabbe3c1a%7C0%7C0%7C638217306679429033%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=GLteNd1PA6DVpYVN%2FAuXphMIcLPifDXKzZyQHHMrM9A%3D&reserved=0
>
> /Thomas
>
>
> -----Original Message-----
> From: Taxacom<taxacom-bounces at lists.ku.edu>  On Behalf Of Paul van Rijckevorsel via Taxacom
> Sent: 7. juni 2023 09:05
> To:taxacom at lists.ku.edu
> Subject: Taxacom: Fwd: Re: Article 70.3
>
> Copy for those interested,
>
> Paul
>
> -------- Forwarded Message --------
> Subject: 	Re: Taxacom: [KU SUSPECT SPAM] Re: Article 70.3
> Date: 	Wed, 7 Jun 2023 08:14:39 +0200
> From: 	Paul van Rijckevorsel<dipteryx at freeler.nl>
> To: 	kotatsu at fripost.org
>
>
>
> Hi Daniel,
>
> Oh no, what I linked to was the /International Rules// //of Zoological Nomenclature/, as of 1926. In 1927 (Budapest Congress), Article 25 was expanded, leading to the version in force in 1938.
>
> There was a period of 1948 (Paris Congress) to 1961, where various Congresses adopted changes but these were never organized into a finalized text, until in 1961 the first edition of the Code (the /International Code //of Zoological Nomenclature/, renamed from "Rules") appeared. As far as I know the first three editions of the Code are not online, but they appear to be easy to find in book form (as second hand-books or in libraries).
>
> The current edition of the Code is the fourth one, withe fifth in preparation.
>
> Paul
>
>
> On 07-Jun-23 06:12,kotatsu at fripost.org  wrote:
>> Hi,
>>
>> I'm not sure I can find where this is included in the old version of
>> the code you linked to. Is this discussed in some early opinion or
>> something?
>>
>> Cheers,
>> Daniel
>>
>>
>>> In addition: Edition 1 to 3 of the zoological Code also had this Art.
>>> 70 but this required an author to refer the matter to the Commission.
>>> Referring to Art. 70 (or Art. 70.3? Is this unambiguously clear?) in
>>> the sense now required has been possible only (except for
>>> clairvoyants) since Edition 4 has been published.
>>>
>>> Paul
>>>
>>> On 23-May-23 13:56, Francisco Welter-Schultes via Taxacom wrote:
>>>> Dear Daniel,
>>>>
>>>> The nomenclaturally approach would be slightly different as to
>>>> authors, but in any case, yes, an act that did not cite Art. 70.3 is
>>>> not valid under the Code. Previous regulations, which might have
>>>> been effective in 1938, and which are not reinforced in Code-4, have
>>>> no effect.
>>>>
>>>> Thank you for providing the literature access web page. However I
>>>> have little time and I would prefer being able to click on the
>>>> concerned publications "directly". It takes time to search them in a
>>>> data resource.
>>>>
>>>>> - De Haan (1829) [= published version of Lyonet's unpublished
>>>>> manuscript, sometimes referred to by Lyonet's name] used this
>>>>> name, attributing it to Nitzsch, and published an illustration,
>>>>> making the name available.
>>>> In such a case the name was attributed to Nitzsch, the illustration
>>>> was provided by De Haan, this did satisfy the criteria of
>>>> availability, so under Art. 50.1.1 the authorship is to be
>>>> attributed to De Hann.
>>>> The type specimen(s) are the ones De Haan had when establishing this
>>>> name, in particular the illustrated specimen(s).
>>>>
>>>>> - Burmeister (1838) studied Nitzsch's specimens and manuscript,
>>>>> and published a text description of P. (N.) cameratus.
>>>> Subsequent usage, not nomenclaturally relevant.
>>>>
>>>>> - Giebel (1874) redescribed Nitzsch's original specimens again,
>>>>> attributing the name to Nitzsch.
>>>> Subsequent usage, not nomenclaturally relevant.
>>>>
>>>>> - Waterston (1922) described the genus Lagopoecus, with the type
>>>> species
>>>>> P. (N.) cameratus Lyonet.
>>>> Type P. cameratus De Haan fixed by this action.
>>>>
>>>>> - Clay (1938) determined that cameratus sensu De Haan/Lyonet and
>>>>> cameratus sensu Nitzsch/Burmeister/Giebel represent two different
>>>>> genera: Lagopoecus and Gallipeurus [a synonym of Cuclotogaster].
>>>>> The specimens Waterston examined were cameratus sensu Burmeister,
>>>>> not cameratus sensu De Haan.
>>>> At least Clay suggested that these were two different species. This
>>>> situation can justify an action under Art. 70.3.
>>>>
>>>> Clay established the nomen novum Lagopoecus
>>>>> lyrurus for P. (N.) cameratus Burmeister, and corrected the type
>>>> species
>>>>> of Lagopoecus to L. lyrurus.
>>>> She proposed a correction of the type species.
>>>> Clay cannot have established a new replacement name (nomen novum) to
>>>> replace for P. cameratus sensu Burmeister, not De Haan, because P.
>>>> cameratus sensu Burmeister was not an available name. Only available
>>>> names can be replaced by new replacement names.
>>>> This is a very frequent source of mistake, and needs a
>>>> reconsideration: Either Clay provided a description for L. lyurus
>>>> that she called a nomen novum, or she gave a bibliographic reference
>>>> to a previously published description (citing Burmeister's name
>>>> alone would not have represented such a bibliographic reference) -
>>>> in those cases Clay's name would have been made available as a
>>>> normal new taxon name, with its own types, i.e. Clay's specimens and
>>>> the ones to which she referred by bibliographic reference.
>>>> In many cases such a condition is present and the name can be saved
>>>> for being used in nomenclature.
>>>> With bad luck the name was not made available by Clay, then it is
>>>> necessary to look for the next author to have made this name
>>>> available by mentioning it somewhere with a short description.
>>>> With very bad luck this may also fail, and another subsequently
>>>> established synonym or subspecies would have precedence.
>>>>
>>>>
>>>>> Clay is the first revisor of both
>>>>> Cuclotogaster and Lagopoecus, if that makes any difference.
>>>> Probably not. I wonder if deliberate employment of misidentification
>>>> comes into play, but it would be useful to know the authorships and
>>>> dates of the genera.
>>>>
>>>> It would be admissible to publish an act under Art. 70.3 and refer
>>>> to Clay's 1938 publication, to substantiate the statement that the
>>>> type species was misidentified in 1922, with a statement that her
>>>> judgment is still up to date.
>>>> As said above, caution with the name to be used for the species
>>>> actually involved in the misidentification.
>>>>
>>>> If this helps
>>>>
>>>> Best wishes
>>>> Francisco
>>>>
>>>> Am 23.05.2023 um 08:04 schrieb Daniel Gustafsson via Taxacom:
>>>>> Hi all,
>>>>>
>>>>> I have a question about Article 70.3.
>>>>>
>>>>> Timeline:
>>>>> - Nitzsch (1818) published the name "Philopterus (Nirmus)
>>>>> cameratus", but this is a nomen nudum.
>>>>> - De Haan (1829) [= published version of Lyonet's unpublished
>>>>> manuscript, sometimes referred to by Lyonet's name] used this name,
>>>>> attributing it to Nitzsch, and published an illustration, making
>>>>> the name available.
>>>>> - Burmeister (1838) studied Nitzsch's specimens and manuscript, and
>>>>> published a text description of P. (N.) cameratus.
>>>>> - Giebel (1874) redescribed Nitzsch's original specimens again,
>>>>> attributing the name to Nitzsch.
>>>>> - Waterston (1922) described the genus Lagopoecus, with the type
>>>>> species P. (N.) cameratus Lyonet.
>>>>> - Clay (1938) determined that cameratus sensu De Haan/Lyonet and
>>>>> cameratus sensu Nitzsch/Burmeister/Giebel represent two different
>>>>> genera: Lagopoecus and Gallipeurus [a synonym of Cuclotogaster].
>>>>> The specimens Waterston examined were cameratus sensu Burmeister,
>>>>> not cameratus sensu De Haan. Clay established the nomen novum
>>>>> Lagopoecus lyrurus for P. (N.) cameratus Burmeister, and corrected
>>>>> the type species of Lagopoecus to L. lyrurus. Clay is the first
>>>>> revisor of both Cuclotogaster and Lagopoecus, if that makes any
>>>>> difference.
>>>>> - This classification has been accepted ever since. There is also
>>>>> no doubt that Lagopoecus and Cuclotogaster, as currently
>>>>> understood, represent different genera, and that the two
>>>>> cameratus-species (whatever they are named) are in the correct
>>>>> genus today.
>>>>>
>>>>> Clay implicitly used Article 70.3.2 as the basis for her decisions.
>>>>> However, this Article states that "If the latter choice is made,
>>>>> the author must refer to this Article and cite together both the
>>>>> name previously cited as type species and the name of the species
>>>>> selected." Clay did not refer to Article 70.3.2 in her paper, but
>>>>> she did fulfill the second half of the requirement.
>>>>>
>>>>> Was the first half of this requirement in effect in 1938? And, if
>>>>> it was not, does this matter? I've been trying to find PDFs of old
>>>>> versions of the Code, but so far I haven't found any (so another
>>>>> question would be: are they available online somewhere where I
>>>>> couldn't find them)?
>>>>>
>>>>> Furthermore, if Clay's actions were incorrect because she should
>>>>> have cited 70.3.2 but didn't, does this require some action today,
>>>>> to stave off any future problems, or is the fact that this
>>>>> classification has been used without controversy for almost 100
>>>>> years enough?
>>>>>
>>>>> (all publications can be found here, if necessary:
>>>>> https://p/
>>>>> hthiraptera.myspecies.info%2Fbiblio&data=05%7C01%7Ctpape%40snm.ku.d
>>>>> k%7Cfdff23ce5b63421b54e808db6725e04b%7Ca3927f91cda14696af898c9f1cef
>>>>> fa91%7C0%7C0%7C638217184602845397%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiM
>>>>> C4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C
>>>>> %7C%7C&sdata=gc5XARB%2FpSpJ4uf0YJ%2FSDJ65omDY%2FpKepJHTb7KbOlo%3D&r
>>>>> eserved=0)
>>>>>
>>>>> Best wishes,
>>>>> Daniel
>>>>>
>>>>>
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