Peter Kovalik
Well-known member

Sclater in an 1871 Ibis states that masafuerae, "...In Wiegmann's Archiv the specific term is misspelt masafucrae." Has anyone fixed this? Do they need to?
http://www.biodiversitylibrary.org/item/31351#page/135/mode/1up .
In the OD the authors misspell the island as Masafucra.
Has anyone else ever used that spelling since 1866? Isn't there some ICZN ruling that regards ancient neglected spellings as officially 'forgotten' after a long period of no use?Dickinson & Christidis, 2014. H&M4, vol2: Aphrastura masafucrae - Original spelling; no internal evidence permits emendation.
Of course, there are such provisions: if an emended spelling is in prevailing usage, returning to the unemended spelling is forbidden. The problem is that the Code is not clear about what "prevailing usage" is. In reaction to this, H&M (unilaterally) decided not to apply these provisions at all.Has anyone else ever used that spelling since 1866? Isn't there some ICZN ruling that regards ancient neglected spellings as officially 'forgotten' after a long period of no use?
Certainly should be such a provision, it doesn't help with nomenclatural stability at all to suddenly bring up an unused 140-year old typo as an official correction.
Something along those lines could of course have happened at some point, but not within this work. The spelling is consistent:Could this have occurred due to a malfunctioning piece of typeface such that the central line of e did not appear when it was printed?
But your reference to Sclater 1871 is older. Also Reed 1874, Salvin 1875, Sclater 1890, Dubois 1902, Philippi 1902 (one of the original authors), Cory & Hellmayr 1925, Peters 1951...S. masafuerae in use since 1892. The article about the types of the Chile natural history museum describes masafucrae as lapsus.
http://issuu.com/mnhn_cl/docs/boletin-013/16 .
To my mind, those who feel strongly about this should make a case for the ICZN to make a stronger case that prevailing usage needs to be recognized. They could use this as a test case asking that the original spelling be set aside and ask for a more general statement at the same time.Early voting on that proposal is pretty much the same as the posts in this thread from 2014, namely "NO" with similar reasoning.
I'm not sure that a case which has the potential to be readily solved by applying the Code would be very likely to be accepted by the Commission, unless there was a real fight going on. I suspect the answer would be a polite "We are busy people, this is not an issue causing major problems, and you don't really need us to solve it".To my mind, those who feel strongly about this should make a case for the ICZN to make a stronger case that prevailing usage needs to be recognized. They could use this as a test case asking that the original spelling be set aside and ask for a more general statement at the same time.
See also in the Introduction:80.5. Interpretation of Opinions
An Opinion applies only to the particular case before the Commission and is to be rigidly construed; no conclusions other than those expressly specified are to be drawn from it.
I.e., if you submit a case "asking that the original spelling be set aside", you can not, actually, "ask for a more general statement at the same time".(8) There is no "case law" in zoological nomenclature. Problems in nomenclature are decided by applying the Code directly, and never by reference to precedent. If the Commission is called on to make a ruling on a particular case, the decision relates to that case alone.
If you read the comments to the proposal there seems to be people feeling strongly that Dickinson and Christidis in doing this is violating the code. The risk is that their publication could change what the prevailing usage is. That is why I feel that those who feel so strongly (as seen in the comments) should raise a case for the commission to stop what they see as violation of the code.Dickinson and Christidis (2014) resurrected the spelling masafucrae, along with many other old spellings, based on the argument that the principle of prevailing usage is too ambiguous to be of any practical use in nomenclature.
DID NOT PASS