(045–046) Proposals to convert Article 41 Example 17 to a voted Example and delete Article 41 Example 19

Abstract

Article 41 Ex. 17 and 19 of the Shenzhen Code (Turland & al. in Regnum Veg. 159. 2018) imply that errors in the citation of the date or place of publication of the basionym do not prevent valid publication of a new combination. Some action is needed to support the correction of incorrect dates. The valid publication of a new combination must state five items: the basionym, its author citation, its place of valid publication, the page or plate reference, and the date (Art. 41.5). Article 41.6 states that errors in the “citation of the basionym or replaced synonym, including incorrect author citation” do not preclude valid publication; it does not mention the place, page/plate or date of publication. There are two arguments that would allow correction of a date. While “citation of the basionym” is widely recognized to mean quoting the basionym, it could be interpreted to include bibliographic references. A second argument is that date errors can be corrected because nothing prohibits their correction. If either is correct, then both incorrect page numbers and places of publication (as long as they do not reference another real work) are correctable. Article 41 Ex. 15 would be wrong because page references would be correctable. As to the latter argument, nothing prohibited the correction of a holotype citation, yet Art. 9.2 was added to support Art. 9 Ex. 3. Therefore, Art. 41 Ex. 17 and 19 appear to be wrong. However, it would be horribly disruptive to not permit correction of incorrect dates given that the actual date of publication for many older works differs from its stated date. Articles 41.5 and 41.6 are presumably “open to divergent interpretation or [do] not adequately cover the matter” (Art. 7 *Ex. 16 footnote); a regular Example, as opposed to a voted Example, does not have the force of a rule in that case. Converting Ex. 17 into a voted Example would have the force of a rule and permit correction of dates. Article 41 Ex. 19 provides that the bibliographic reference to volume 59 of “Sitzungsber. Kaiserl. Akad. Wiss., Math.-Naturwiss. Cl.” (Sitzungsberichte der Kaiserlichen Akademie der Wissenschaften. Mathematisch-Naturwissenschaftliche Classe. I. Abtheilung), instead of “Anz. Akad. Wiss. Wien, Math.-Naturwiss. Kl.” (Anzeiger der Akademie der Wissenschaften in Wien. Mathematisch-Naturwissenschaftliche Klasse) is a correctable error of citation of the journal name. For the reasons noted above, Art. 41.6 does not permit this correction. In addition, Art. 41.7 prohibits correction of a reference made to “any work other than that in which the name was validly published …” except for matters addressed by Art. 41.8. Because the reference cited by the author in Ex. 19 is an actual, different publication (see https://www.biodiversitylibrary.org/bibliography/6888#/summary; https://www.biodiversitylibrary.org/bibliography/39807#/summary), Ex. 19 is incorrect and should be deleted.