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Date: Mon, 13 Sep 2004 20:43:13 -0500
From: [unknown]
To: Kevin de Queiroz <Dequeiroz.Kevin@NMNH.SI.EDU>
Cc: phylocode@ouvaxa.cats.ohiou.edu
Subject: Nomenclatural Freedom IS the issue
Dr. de Queiroz argues that nomenclatural freedom is "at odds wit= h the adoption of any nomenclatural code whatsoever [...] If a person is tr= uly interested in promoting nomenclatural freedom, that person should rej= ect all codes." This is directly analogous to the argument that freedom can o= nly exist in a state of anarchy! To extend the metaphor of law and society, the= personal rights that the people of many nations enjoy are not unconditioned; a= s members of societies, we choose to reserve certain rights and freedoms, and t= he right to exercise them in particular circumstances, in order to secure the = common good. Those who subscribe to a nomenclatural code may choose to surre= nder certain freedoms, or the excercise of those freedoms in particular circumstances, in order to gain the advantages accorded by the code i= tself. This does not mean those freedoms have ceased to exist. This point should here be noted above all else: in both cases, g= overnance proceeds through the CONSENT of the governed. A (tenured) scientist, = in his natural state, is free. Scientists choose to surrender some scholarly= freedoms in order to participate in the rank-based codes, because they want th= e benefits those codes accord (e.g., communication, being able to publish in cer= tain journals, etc.). The PhyloCode currently has very few truly compellin= g benefits, and these exist mostly on a theoretical rather than a pract= ical level (e.g., the ability to unequivocally associate a name with a clade). I= f we offer a code that asks practitioners to surrender MORE of their freedoms th= an do the rank-based codes, and receive less in return, will undecided scientis= ts flock to our cause? I agree that it is entirely possible to interpret "the very _pur= pose_ of a nomenclatural code [as being] to restrict nomenclatural freedom," jus= t as it is possible to interpret the goal of a government as being to restrict t= he personal freedoms of its citizens... possible, but very cynical and arguably unproductive. Does the voluntary surrender of freedoms by the citizen= ry give the government the right to arbitrarily abrogate other freedoms? I ar= gue that a nomenclatural code should limit only as much freedom as is necessary = to serve its constituency. To do otherwise smacks of "nomenclatural tyranny." I have recently proposed additions to the PhyloCode (suitably ed= ited by others on the list) that would make the recognition of nomenclatural = freedom an integral part of the PhyloCode. As noted above, I do not believe this= is necessary, because these freedoms are inherent. As with Thomas Jeffer= son, I would rather see it in ink now than in "blood" later. In support of Dr. de Queiroz's points, we the constituency must= be the ones who decide how much nomenclatural freedom we wish to surrender. = Together we can decide that panstems are a valid expression of the PhyloCode's "regulatory" function. Panstems can be clearly marked in the Code as = an exception to the general case of nomenclatural freedom, rather than b= eing hidden in the verbage of document. Rather than hiding the fact, this = would make it plainly clear what the panstem convention is, a restriction of nom= enclatural freedom. Ultimately, though, nomenclatural freedom IS the issue with pans= tems. We must decide how much of our (inherent) freedom we wish to surrender. Jon =20