Taxacom: interpretation of Article 23.9.5 - applicability to a case of junior primary homonymy

[Matheus Bento]

Dear all,

Thank you very much for the clarifying comments and for trying to interpret
this Article.

I'm concerned about accepting Article 23.9.5 as applicable to this case.
I'd rather to recognize that the wording "not considered congeneric after
1899" may be interpreted ambiguously, since "considered" is an imprecise
term. If we agree that this Article intends to avoid the replacement of
homonyms already separated since the 19th century (1899 as cutoff), the
best choice would be to interpret the term "considered" objectively as
meaning "*classified*" (first interpretation of Douglas e Francisco). The
other possible interpretation requires *explicit mention*, which would
admite names separated both before and long after 1899, just because they
were not cited until the transfer. I can imagine that this flexible
interpretation would increase the workload of the commission.

In addition, I think the flexible interpretation would invert the logic of
the prevailing usage (23.9.1), benefiting names without usage. It is
understandable that this Article 23.9.1 functions with published mentions
because the only way to measure usage of a name is by citations.

This third alternative seems the best one for my case (waiting for the 5th
edition). The Hawaiian name will hardly be cited in a published work until
the next edition of the code, and there are three more congeneric species
from the same location, which are probably conspecific with this one. So,
using a synonymous name in a future revision of the genus may be an option.

Again, I thank you very much for the discussion and insights.

My best wishes,
Bento.


Em sex., 18 de jul. de 2025 ?s 15:28, Adam Cotton via Taxacom <
taxacom at lists.ku.edu> escreveu:

> On 19/07/2025 01:33, Francisco Welter-Schultes via Taxacom wrote:
> > Dear Matheus,
> > <snip>
> > So you have a third alternative: Just continue using the Brazilian
> > name, wait for the 5th edition of the Code being in force (maybe in 4
> > or 5 years), and if it will contain such a provision as explained
> > above, take the corresponding action and save the usage of the
> > Brazilian name by this method.
> >
> > Best wishes
> > Francisco
>
> This is one positive point of the wording of the current Article 23.9.5
> ... if an application to the Commission is not submitted, then the
> junior name continues to be the valid taxon name ad infinitum and a
> replacement name proposed after 1999 cannot be considered as the valid
> taxon name.
>
> I agree with Francisco, it would be better to wait until the 5th edition
> is published, considering the name as valid under Article 23.9.5. and
> then act on the provisions of the 5th edition.
>
> Assuming you are planning to publish a work including this taxon I would
> recommend publishing a statement about the junior name that Article
> 23.9.5 applies to this name. My coauthors and I took this approach in a
> 2023 publication.
>
> Adam.
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-- 
Matheus Bento
Entomologist - Systematics of beetles
National Institute of Amazonian Research - INPA
Av. Andr? Ara?jo, 2936, Petr?polis, CEP 69067-375 - Manaus, AM, Brasil

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