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A pretext (adj: pretextual) is an excuse to do something or say something that is not accurate. Pretexts may be based on a half-truth or developed in the context of a misleading fabrication. Pretexts have been used to conceal the true purpose or rationale behind actions and words. In
US law The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as va ...
, a pretext usually describes false reasons that hide the true intentions or motivations for a legal action. If a party can establish a
prima facie ''Prima facie'' (; ) is a Latin expression meaning ''at first sight'' or ''based on first impression''. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of ''primus'' ('first') and ''facies'' (' ...
case for the proffered evidence, the opposing party must prove that these reasons were "pretextual" or false. This can be accomplished by directly demonstrating that the motivations behind the presentation of evidence is false, or indirectly by evidence that the motivations are not "credible". In ''Griffith v. Schnitzer'', an employment discrimination case, a jury award was reversed by a
Court of Appeals A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
because the evidence was not sufficient that the defendant's reasons were "pretextual". That is, the defendant's evidence was either undisputed, or the plaintiff's was "irrelevant subjective assessments and opinions". A "pretextual" arrest by law enforcement officers is one carried out for illegal purposes such as to conduct an unjustified
search and seizure Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscat ...
. As one example of pretext, in the 1880s, the Chinese government raised money on the pretext of modernizing the Chinese navy. Instead, these funds were diverted to repair a ship-shaped, two-story pavilion which had been originally constructed for the mother of the
Qianlong Emperor The Qianlong Emperor (25 September 17117 February 1799), also known by his temple name Emperor Gaozong of Qing, born Hongli, was the fifth Emperor of the Qing dynasty and the fourth Qing emperor to rule over China proper, reigning from 1735 t ...
. This pretext and the Marble Barge are famously linked with
Empress Dowager Cixi Empress Dowager Cixi ( ; mnc, Tsysi taiheo; formerly Romanization of Chinese, romanised as Empress Dowager T'zu-hsi; 29 November 1835 – 15 November 1908), of the Manchu people, Manchu Nara (clan)#Yehe Nara, Yehe Nara clan, was a Chinese nob ...
. This architectural
folly In architecture, a folly is a building constructed primarily for decoration, but suggesting through its appearance some other purpose, or of such extravagant appearance that it transcends the range of usual garden buildings. Eighteenth-cent ...
, known today as the
Marble Boat The Marble Boat (), also known as the ''Boat of Purity and Ease'', is a lakeside pavilion on the grounds of the Summer Palace in Beijing, China. It was first erected in 1755 during the reign of the Qianlong Emperor. The original pavilion was ...
(''Shifang''), is "moored" on Lake Kunming in what the empress renamed the "Garden for Cultivating Harmony" (''Yiheyuan''). Another example of pretext was demonstrated in the speeches of the Roman orator
Cato the Elder Marcus Porcius Cato (; 234–149 BC), also known as Cato the Censor ( la, Censorius), the Elder and the Wise, was a Roman soldier, senator, and historian known for his conservatism and opposition to Hellenization. He was the first to write histo ...
(234–149 BC). For Cato, every public speech became a pretext for a comment about Carthage. The Roman statesman had come to believe that the prosperity of ancient Carthage represented an eventual and inevitable danger to Rome. In the Senate, Cato famously ended every speech by proclaiming his opinion that
Carthage Carthage was the capital city of Ancient Carthage, on the eastern side of the Lake of Tunis in what is now Tunisia. Carthage was one of the most important trading hubs of the Ancient Mediterranean and one of the most affluent cities of the classi ...
had to be destroyed (''
Carthago delenda est ("Furthermore, I consider that Carthage must be destroyed"), often abbreviated to ("Carthage must be destroyed"), is a Latin oratorical phrase pronounced by Cato the Censor, a politician of the Roman Republic. The phrase originates from deba ...
''). This oft-repeated phrase was the ultimate conclusion of all logical argument in every oration, regardless of the subject of the speech. This pattern persisted until his death in 149, which was the year in which the Third Punic War began. In other words, any subject became a pretext for reminding his fellow senators of the dangers Carthage represented.


Uses in warfare

The early years of Japan's
Tokugawa shogunate The Tokugawa shogunate (, Japanese 徳川幕府 ''Tokugawa bakufu''), also known as the , was the military government of Japan during the Edo period from 1603 to 1868. Nussbaum, Louis-Frédéric. (2005)"''Tokugawa-jidai''"in ''Japan Encyclopedia ...
were unsettled, with warring factions battling for power. The causes for the fighting were in part pretextural, but the outcome brought diminished armed conflicts after the
Siege of Osaka The was a series of battles undertaken by the Japanese Tokugawa shogunate against the Toyotomi clan, and ending in that clan's destruction. Divided into two stages (winter campaign and summer campaign), and lasting from 1614 to 1615, the siege ...
in 1614–1615. * 1614 (''Keichō 19''): The Shogun vanquished Hideyori and set fire to
Osaka Castle is a Japanese castle in Chūō-ku, Osaka, Japan. The castle is one of Japan's most famous landmarks and it played a major role in the unification of Japan during the sixteenth century of the Azuchi-Momoyama period. Layout The main tower ...
, and then he returned for the winter to Edo.Titsingh
p. 410.
/ref> * August 24, 1614 (''Keichō 19, 19th day of the 7th month''): A new bronze bell for the Hōkō-ji was cast successfull

but despite the dedication ceremony planning, Ieyasu forbade any further actions concerning the great bell: ::" e tablet over the Daibutsu-den and the bell bore the inscription ''"Kokka ankō"'' (meaning "the country and the house, peace and tranquility"), and at this
Tokugawa Ieyasu was the founder and first ''shōgun'' of the Tokugawa Shogunate of Japan, which ruled Japan from 1603 until the Meiji Restoration in 1868. He was one of the three "Great Unifiers" of Japan, along with his former lord Oda Nobunaga and fellow ...
affect to take umbrage, alleging that it was intended as a curse on him for the character 安 (''an,'' "peace") was placed between the two characters composing his own name 家康 (''"ka-kō",'' "house tranquility") uggesting subtly perhaps that peace could only be attained by Ieyasu's dismemberment?... This incident of the inscription was, of course, a mere pretext, but Ieyasu realized that he could not enjoy the power he had usurped as long as Hideyori lived, and consequently, although the latter more than once Hideyori dispatched his vassal Katagiri Kastumoto to Ieyasu's residence (
Sunpu Castle was a Japanese castle in Shizuoka City, Shizuoka Prefecture in Japan. The sobriquet of this feudal fortress was the "Castle of the Floating Isle".Japan Society for the Promotion of Science (JSPS)Shizuoka It was also referred to as or . His ...
) with profuse apologies, Ieyasu refused to be placated." * October 18, 1614 (''Keichō 19, 25th day of the 10th month''): A strong earthquake shook Kyoto. * 1615 (''Keichō 20''): Osaka Summer Battle begins. The next two-and-a-half centuries of Japanese history were comparatively peaceful under the successors of Tokugawa Ieyasu and the
bakufu , officially , was the title of the military dictators of Japan during most of the period spanning from 1185 to 1868. Nominally appointed by the Emperor, shoguns were usually the de facto rulers of the country, though during part of the Kamakur ...
government he established.


United States

* During the War of 1812, US President
James Madison James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for hi ...
was often accused of using impressment of American sailors by the
Royal Navy The Royal Navy (RN) is the United Kingdom's naval warfare force. Although warships were used by English and Scottish kings from the early medieval period, the first major maritime engagements were fought in the Hundred Years' War against F ...
as a pretext to invade
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
. * The sinking of the USS Maine in 1889 was blamed on the Spanish, despite early reports of it having been an accident, contributing to U.S. entry into the
Spanish–American War , partof = the Philippine Revolution, the decolonization of the Americas, and the Cuban War of Independence , image = Collage infobox for Spanish-American War.jpg , image_size = 300px , caption = (clock ...
. The slogan "Remember the Maine! To hell with Spain!" was used as a rallying cry. * Some have argued that United States President
Franklin D. Roosevelt Franklin Delano Roosevelt (; ; January 30, 1882April 12, 1945), often referred to by his initials FDR, was an American politician and attorney who served as the 32nd president of the United States from 1933 until his death in 1945. As the ...
used the
attack on Pearl Harbor The attack on Pearl HarborAlso known as the Battle of Pearl Harbor was a surprise military strike by the Imperial Japanese Navy Air Service upon the United States against the naval base at Pearl Harbor in Honolulu, Territory of Hawaii, j ...
by Japanese forces on December 7, 1941 as a pretext to enter
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
. American soldiers and supplies had been assisting British and Soviet operations for almost a year by this point, and the United States had thus "chosen a side", but due to the political climate in the States at the time and some campaign promises made by Roosevelt that he would not send American boys to fight in foreign wars. Roosevelt could not declare war for fear of public backlash. The attack on Pearl Harbor united the American people's resolve against the Axis powers and created the bellicose atmosphere in which to declare war. * The 1964 Gulf of Tonkin incident, later revealed to have been partly provoked and partly not to have happened, was used to bring the United States fully into the
Vietnam War The Vietnam War (also known by #Names, other names) was a conflict in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. It was the second of the Indochina Wars and was officially fought between North Vie ...
* Critics have accused United States President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
of using the
September 11th, 2001 attacks The September 11 attacks, commonly known as 9/11, were four coordinated Suicide attack, suicide List of terrorist incidents, terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, ...
and faulty intelligence about the existence of
weapons of mass destruction A weapon of mass destruction (WMD) is a chemical, biological, radiological, nuclear, or any other weapon that can kill and bring significant harm to numerous individuals or cause great damage to artificial structures (e.g., buildings), natura ...
as a pretext for the
war in Iraq This is a list of wars involving the Republic of Iraq and its predecessor states. Other armed conflicts involving Iraq * Wars during Mandatory Iraq ** Ikhwan raid on South Iraq 1921 * Smaller conflicts, revolutions, coups and periphery confli ...
.


Social engineering

A type of social engineering called
pretexting Pretexting is a type of social engineering attack that involves a situation, or pretext, created by an attacker in order to lure a victim into a vulnerable situation and to trick them into giving private information, specifically information that t ...
uses a pretext to elicit information fraudulently from a target. The pretext in this case includes research into the identity of a certain authorized person or personality type in order to establish legitimacy in the mind of the target.
Federal Trade Commission The Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) antitrust law and the promotion of consumer protection. The FTC shares jurisdiction ov ...
(FTC):
"Pretexting: Your Personal Information Revealed."
February 2006.


See also

*
Plausible deniability Plausible deniability is the ability of people, typically senior officials in a formal or informal chain of command, to denial, deny knowledge of or responsibility for any damnable actions committed by members of their organizational hierarchy. Th ...
*
Proximate cause In law and insurance, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. There are two types of causation in the law: cause-in-fact, and proximate (or legal) cause. Ca ...
* Causes of the Franco-Prussian War


Notes


References

*
Bamford Bamford is a village in the Peak District, Derbyshire, England, close to the River Derwent. To the north-east is Bamford Edge, and to the north-west the Ladybower, Derwent and Howden Reservoirs. At the 2011 census, it had a population of 1,241 ...
, James. (2004)
''Pretext for War: 9/11, Iraq, and the Abuse of America's Intelligence Agencies.''
New York:
Doubleday Books Doubleday is an American publishing company. It was founded as the Doubleday & McClure Company in 1897 and was the largest in the United States by 1947. It published the work of mostly U.S. authors under a number of imprints and distributed th ...
.
OCLC 55068034
* Cato, Marcus Porcius
''On Agriculture'' (''De agricultura'')
trans, William Davis Hooper and Harrison Boyd Ash. Cambridge:
Harvard University Press Harvard University Press (HUP) is a publishing house established on January 13, 1913, as a division of Harvard University, and focused on academic publishing. It is a member of the Association of American University Presses. After the retirem ...

OCLC 230499252
* Isikoff, Michael and
David Corn David Corn (born February 20, 1959) is an American political journalist and author. He is the Washington, D.C. bureau chief for ''Mother Jones'' and is best known as a cable television commentator. Corn worked at ''The Nation'' from 1987 to 2007 ...
. 2006
''Hubris: The Inside Story of Spin, Scandal, and the Selling of the Iraq War''
New York:
Crown Publishers The Crown Publishing Group is a subsidiary of Penguin Random House that publishes across several fiction and non-fiction categories. Originally founded in 1933 as a remaindered books wholesaler called Outlet Book Company, the firm expanded into ...
. * Min, Anchee. (2007)
''The Last Empress.''
New York:
Houghton Mifflin Harcourt Houghton Mifflin Harcourt (; HMH) is an American publisher of textbooks, instructional technology materials, assessments, reference works, and fiction and non-fiction for both young readers and adults. The company is based in the Financial Dist ...
. * Ponsonby-Fane, Richard Arthur Brabazon. (1956). ''Kyoto, the Old Capital of Japan,'' Kyoto: Ponsonby Memorial Society. * Stinnett Robert B. (2001)
''Day of Deceit: The Truth about FDR and Pearl Harbor''
New York:
Simon & Schuster Simon & Schuster () is an American publishing company and a subsidiary of Paramount Global. It was founded in New York City on January 2, 1924 by Richard L. Simon and M. Lincoln Schuster. As of 2016, Simon & Schuster was the third largest publ ...
. {{ISBN, 978-0-7432-0129-2 * Titsingh, Isaac. (1834). iyun-sai_Rin-siyo/Hayashi_Gahō,_1652.html" ;"title="Hayashi_Gahō.html" ;"title="iyun-sai Rin-siyo/Hayashi Gahō">iyun-sai Rin-siyo/Hayashi Gahō, 1652">Hayashi_Gahō.html" ;"title="iyun-sai Rin-siyo/Hayashi Gahō">iyun-sai Rin-siyo/Hayashi Gahō, 1652 ''Nipon o daï itsi ran; ou
Annales des empereurs du Japon.
' Paris: Oriental Translation Fund of Great Britain and Ireland. Propaganda techniques Knowledge representation Cognition Attack on Pearl Harbor Social engineering (computer security)