[Taxacom] Questions about availability of a species name

[Michael A. Ivie]

Well, Stephen, it may be a country-specific thing, but there are 
numerous types of "statements" that are not "statements in words" that 
are protected by US court decisions as free speach.  Mooning, flipping 
someone off, burning a flag, emoticons and many other statements are not 
in words, but are clearly statements.

Mike ;-



On 8/23/2018 3:20 PM, Stephen Thorpe wrote:
> You can't seriously make a distinction between "statement" and "statement in words"!! This proves my point about pointless "taxo-lawyering"!
> Stephen
>
> --------------------------------------------
> On Thu, 23/8/18, Adam Cotton <adamcot at cscoms.com> wrote:
>
>   Subject: Re: [Taxacom] Questions about availability of a species name
>   To: taxacom at mailman.nhm.ku.edu
>   Received: Thursday, 23 August, 2018, 11:48 PM
>   
>   ----- Original Message -----
>   From: "Stephen Thorpe" <stephen_thorpe at yahoo.co.nz>
>   To: <taxacom at mailman.nhm.ku.edu>;
>   "Adam Cotton" <adamcot at cscoms.com>
>   Sent: Thursday, August 23, 2018 4:21
>   PM
>   Subject: Re: [Taxacom] Questions about
>   availability of a species name
>   
>   
>   > (BMNH) isn't even a statement, but
>   is at most an indication that the
>   > specimen is from BMNH, but the
>   describing author may have the option of
>   > depositing the type elsewhere,
>   even if it is from BMNH, so we cannot
>   > assume that the specimen will end
>   up in the same collection from which the
>   > author received it.
>   >
>   >> "BMNH" already is a known name
>   and  location of the depository, and thus
>   >> fulfils the second part
>   > No it does not! The Code requires
>   a a STATEMENT indicating the name and
>   > location of that collection! This
>   is often given in the methods section of
>   > a paper, but sometimes not.
>   >
>   > Stephen
>   >
>   >
>   
>   
>   Stephen,
>   
>   Here again I disagree. Article 16.4.2
>   is different to other Code articles.
>   Other articles use the phrase
>   "statement in words", whereas 16.4.2 only says
>   "statement". As a result I do not think
>   that the statement has to be a
>   complete phrase or sentence.
>   
>   Most papers will give a lits of
>   acronyms used, such as "BMNH = Natural
>   History Museum, London" or at least
>   include such in brackets somewhere in
>   the text. If the information about the
>   holotype states: "Holotype blah blah
>   [data] (BMNH)" that clearly means that
>   the specimen is in BMNH, thus there
>   is a statement of location of the
>   holotype included already, rather than
>   requiring a statement in words which
>   would be necessary for instance when
>   giving the purported difference between
>   the new taxon and previously
>   described related taxa.
>   
>   I do get your point that the specimen
>   may have been borrowed from BMNH for
>   purposes of the research leading to the
>   publication, but it is unlikely that
>   the author would not state this fact.
>   
>   Adam.
>   
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-- 
__________________________________________________

Michael A. Ivie, Ph.D., F.R.E.S.

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