Article
AI
Creed
Ethics
5 min read

Whistleblowing: what if your CEO is a Caesar?

What are the boundaries of legitimate protest?

Professor Charles Foster is a Fellow of Exeter College, Oxford, and a member of the Oxford Law Faculty.

On a conference stage, a seated speaker leans back and opines
Sam Altman, CEO of OpenAI.
TechCrunch, CC BY 2.0, via Wikimedia Commons .

If you discovered that the company you worked for was doing work that posed an existential risk to humanity, would you consider yourself entitled – or perhaps morally obliged – to blow the whistle? 

This issue provoked a recent open letter from current and former employees at AI companies including Sam Altman’s OpenAI, asserting that the laws protecting whistleblowers are inadequate because they typically focus on illegal activity – and the AI companies concerned are doing nothing which is (yet) illegal. It called for companies to take a number of steps (including not entering into or enforcing agreements prohibiting the raising of risk-related concerns). 

Some might say that if an employee takes the company’s money, that money should buy loyal silence, and that if the public interest demands a different approach, the remedy is the extension to risk-related concerns of existing whistleblower legislation. But unless and until that legislation is extended, should we applaud conscience-driven breaches of contract?  

What about breaches of the criminal law for morally justifiable reasons – for instance to draw attention to the risks that the protestors say are associated with climate change?  

The reality of modern corporate governance means that the CEO may be more practically Caesarean than a country’s government. 

Christian debate about these issues has traditionally turned on two Bible texts. Paul, in writing to those in a Roman church, declares: ‘Let every person be subject to the governing authorities, for there is no authority except from God, and those authorities that exist have been instituted by God. Therefore whoever resists authority resists what God has appointed….the authority… is the agent of God.’ And Jesus, in Matthew's gospel, advises us to ‘render to Caesar that which is Caesar’s, and to God that which is God’s.’ 

Who are the ‘authorities’ spoken of by Paul? Who is the modern Caesar spoken of by Jesus? Presumably in each case – in a parliamentary democracy – it is the combined legislature and executive of the day. Perhaps, these days, we should translate ‘Caesar’ as ‘the social contract’. But does this mean that (if we take these injunctions seriously) we should regard ourselves as bound not to commit criminal offences (which are offences against the state), but should feel no corresponding inhibition about breaching private law obligations, such as those owed under contracts of employment? My instinct is to say that this is indeed what it means, but that is not self-evident. After all, much employment law is statutory – an emanation of Parliament, and the reality of modern corporate governance means that the CEO may be more practically Caesarean than a country’s government. 

Rendering the right thing to Caesar in a theocracy such as Byzantium might mean something very different in a modern tyranny or a democracy.

Should Christians, though, feel constrained by these scriptural passages? Both Paul and Jesus seemed to think that there was little point in establishing lasting social, legal or governmental structures because the end times were just around the corner. Jesus thought that some of his audience would still be alive when the Son of Man returned to complete the messianic project without any help from any secular governor. Paul’s belief that the Second Coming of Christ was at hand was behind his advice that the unmarried (unless they really couldn’t stay celibate) should remain unmarried and get on with the urgent business of preparing for the imminent in-rush of the true Kingdom. Both Jesus and Paul were dramatically wrong about the chronology. Why, then, should we take seriously advice about the regulation of society that was based on their mistake? Should Paul’s advice to those Romans be read as pragmatism – intended by him to convince rulers that Christians wouldn’t make trouble, and that therefore the Christians should be left alone? He may have thought that a shabby compromise with secular powers didn’t matter much because it wouldn’t last long.  

Even if these texts are in some meaningful sense authoritative, what do they mean for modern life? As ever, the devil (and potentially the angel) is in the detail, and Paul and Jesus left the church to work out the relevant details. There is no consensus. Rendering the right thing to Caesar in a theocracy such as Byzantium might mean something very different in a modern tyranny or a democracy. Only in a few situations is the correct answer obvious: no one would doubt that those martyred for refusing to worship the Caesar of the day had made the (or at least a) right choice. But as soon as we move away from such cases the waters get muddy. Would Paul have denounced Dietrich Bonhoeffer for the plot to kill Hitler? If so, would he have been right? It cannot be seriously argued that it is illegitimate to protest against the policies of the day, any more than it could be suggested that Paul requires us to cast our vote in favour of the currently ruling party. 

What, then, are the boundaries of legitimate protest?  

Suppose that AI really does pose a threat to the whole of humanity. Does ‘rendering to God’ not then demand, in a private law context, that the whistle be blown, even if it involves a breach of a contractual obligation? It seems at least arguable.  

Is a breach of the criminal law – for instance in the case of climate change protestors – different? It may well be.  

In England the law has evolved a nuanced approach to ethically motivated criminality. That approach was recently displayed in the sentencing of five Extinction Rebellion activists for criminal damage to the premises of a bank. The judge accepted that each defendant believed that the bank was culpably involved in funding fossil fuel extraction projects, and that such projects endangered the planet. He noted that Lord Hoffman had said: ‘People who break the law to affirm their belief in the injustice of a law or government action are sometimes vindicated by history [for instance the suffragettes]. It is the mark of a civilized community that it can accommodate protests and demonstrations of this kind. But there are conventions which are generally accepted by the law-breakers on one side and the law-enforcers on the other. The protestors behave with a sense of proportion and do not cause excessive damage or inconvenience. And they vouch the sincerity of their beliefs by accepting the penalties imposed by the law.’ In return, he went on, the state behaves with restraint, and the judiciary imposes sentences which take the conscientious motives into account. 

This approach, said the sentencing judge, amounts to a ‘social compact between the courts and protestors.’  

Perhaps, in the realm of the criminal law, that sort of social compact encodes the relevant moral and theological principles as well as anything can.  

Article
Belief
Creed
6 min read

This pub chat brought us to tears

In the debris of the Enlightenment there’s a rising warmth to the mystical.

Belle is the staff writer at Seen & Unseen and co-host of its Re-enchanting podcast.

Four people sit round a pub table, some look animated, others pensive.
gaspar zaldo on Unsplash

I recently found myself sitting in an Oxford pub, crying with a man I barely know. And I wanted to tell you about it.  

How did we, two almost-strangers, find ourselves crying opposite each other?  

Well…  

Oh, gosh. How do I say this? We were crying because we were talking about Jesus. 

We’d both been spending the week at a gathering of academics in Oxford and one sunny afternoon, we, along with the other attendees, had wandered to one of Oxford’s effortlessly enchanting pubs. We ordered a couple of their finest IPAs and found ourselves perched next to each other. I quickly gauged that this guy doesn’t dabble in small talk, so, right there - sat in battered leather armchairs and surrounded by people - we spoke to each other about Jesus. Not in any kind of academic or philosophic manner; we just sort of shared what we think of him, what we feel about him, what we wonder about him.  

Ten minutes later, we had demonstrably leaky eyes.  

You see, my comrade in tears and I, we’re both Christians. Over the past two-thousand-ish years, that term has come to mean a number of things – it’s become a weighted word. But what I mean when I say that we’re both Christians, is that we love Jesus.  

That’s so weird to say, isn’t it? I’m resisting the urge to polish that definition up, to mop up the whimsy and make it more palatable for you. My instinct is to reach for an academic reasoning, a profound way to make what I just said sound less weird. But I’m going to resist. I’m just going to let that seemingly absurd truth blow in the wind.  

Can I let you in on something, though? Something a little vulnerable? I love Jesus, but I find him hard to talk to you about. One of two things tends to happen when I try, I get emotional, or I get embarrassed. Neither feels helpful. 

Let’s start with the embarrassment, because it’s easier to explain.  

We live in the debris of the Enlightenment. We’re materialists, rationalists, all that we see is all that there is-ists. We want certainty, we want prove-ability, we want to stand upon the solid ground of reason. We’ve spent the last century or two valuing cold, hard, facts – not warm, soft, inklings. We’ve repeatedly traded mystery for mastery.  And, because of all those things, we’ve ushered in secularism. That’s what we call ourselves, isn’t it? Secular? Those who have outgrown their need of a cosmic saviour, those who have finally burst free of the God delusion.  

This story, this event, it teaches me that everything can be mended, including me. 

This is my context as much as it is yours, and so, with all of that swirling around me – with secularism acting as the societal stage upon which I stand - my belief in Jesus is odd. I have spent my life feeling deeply unintelligent for believing that Jesus was all that he said he was, I can’t deny that. Secular culture has often had me feeling as though I’ve pulled up a chair, ready and excited to play the game of life, only to find that I hold an old set of instructions. Secularism screams at me, points at me, makes me feel as though I’m wearing an outfit that went out of fashion two seasons ago. And so, much to my shame, I get embarrassed. I play its game, a game I wasn’t designed to play, and I lose.  

And then there’s the specificity of Jesus, right? 

Even in the corners of culture where secularism is losing its grip and there’s a rising warmth to the transcendent, mystical, unexplainable things – there’s still a guard up when it comes to religion. In many cases, rightly so. People tend to feel more comfortable in the ‘spiritual, not religious’ camp. There’s something self-preserving about allusivity, isn’t there? Saying that I believe in Jesus strips me of that luxury – my association with him means that I’m also associated with two billion other people, and that can be disconcerting. It means I have little control over how I’m perceived by you, nor how I’m represented by them. It also means that my experiential spirituality is housed within a specific story, a framework, a tradition – I don’t get to pick and choose. It’s an all-in kind of thing.   

So, every time someone who doesn’t know Jesus wants to talk to me about him – someone like you, perhaps - all of the above does its best to shut me up. It mostly wins and I mostly fail you. If – on occasion – I am able to rip the tape of self-consciousness from my mouth, I get frustratingly emotional. And that reaction is slightly harder to explain.

I don’t interact with Jesus as a metaphor, an archetype, or a symbol. You may think me delusional, but I’ve decided to take him at his word, to live as if he was everything that he said he was – fully God, fully human, the whole she-bang. And I take the same approach to Easter – the festival that celebrates the thing I believe to be the truest – Jesus’ resurrection. His death and subsequent un-death, what T.S. Eliot calls: ‘the still point of the turning world’. What Dr Martin Shaw regards as ‘the most extraordinary act of love, so catastrophic in its beauty, we’re still in shock two thousand years later’. 

The realness of it all moves me. It, just as Martin has diagnosed, shocks me. This story, this event, it teaches me that everything can be mended, including me. It brushes against my deepest longings, it silences my loudest fears. And Jesus, the God-Man at the centre of it all? I feel the truth of him in my bones, his love courses through my veins, his friendship makes my eyes sting.  

I feel silly saying all of that – knowing how such sentiments have no home in the secular world we’ve built up around ourselves. And so, I feel paralysed by the need to boil it all down to ‘five facts that prove the resurrection happened’. But I just can’t seem to master it.  

Instead, I wonder if it’s alright that the truth of the event is found in two near strangers inexplicably crying in a pub. Two near strangers being unspeakably moved by the real-ness, the here-ness of a man who was executed two-thousand years ago. Two near-strangers who – despite it going against their (or, at least, my) self-aware sensibilities - were forced to accept that their tears picked up where their words had left off.  

Is that kind of proof acceptable to you? After-all, I’ve never known of someone to weep over a good metaphor, an intelligent myth, or a profound philosophy.  

I’m not opposed to placing the claims of Christianity under the microscope, indeed, I do it myself (when you’re not around, obviously). I’m simply opposed to it being the only means by which we can assess its truth. Afterall, I’m never more certain of its truth than when the only thing I have to show for it is an embarrassing display of tears.  

Celebrate our 2nd birthday!

Since Spring 2023, our readers have enjoyed over 1,000 articles. All for free. 
This is made possible through the generosity of our amazing community of supporters.


If you enjoy Seen & Unseen, would you consider making a gift towards our work?


Do so by joining Behind The Seen. Alongside other benefits, you’ll receive an extra fortnightly email from me sharing my reading and reflections on the ideas that are shaping our times.


Graham Tomlin
Editor-in-Chief