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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.  

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Mapmaking our meaning in a modern world

Real ‘reasoning’ happens only when we have learned to trust one another.
A hand holds a pen over a map, at the side is closed journal and colour pencils.
Oxana v on Unsplash.

People first began to think about theology not because they were looking for intellectual stimulus or solutions to abstract problems, but because they found themselves living in an unsettling and vastly expanded ‘space’. They were conscious of new dimensions in their connection with each other, new dimensions in coping with their own fear, guilt, despair, a new sense of intimate access to the limitless reality of God. They connected these new experiences with the story of Jesus of Nazareth, executed by the Roman colonial government, reported by his closest friends as raised from death and present with them and their converts in the communication of divine ‘spirit.’ As we read Christian scripture, we are watching the first generations of Christian believers trying to construct a workable map of this unexpected territory. 

When I started writing the assorted pieces that make up the little book on Discovering Christianity (published earlier this year), my hope was above all to convey something of this sense of Christian thinking as a process of mapmaking in a new and bewildering landscape. That’s why one chapter – originally drafted for a Muslim audience – tried to list some of the things that an interested observer might spot in looking from outside at the habits of Christian believers: not first and foremost their spectacular and uniform embodiment of unconditional divine love (if only), but just the sorts of things they said and did, the sort of language used about Jesus, the rituals of induction and belonging. Indeed, if there is one biblical text I had in mind in virtually all the chapters, it is the simple phrase, ‘Come and see’ that Jesus uses in St John’s gospel when he is first followed by those who will become ‘disciples’, literally ‘learners.’ 

‘Come and see’. When we use language like that in everyday life, we’re encouraging others to share something that has excited or troubled us (or both). It’s not a proposal for solving a problem. It’s not even a recruitment campaign. It’s an invitation to stand where someone else is standing and look from there. In the rich symbolic context of John’s gospel, it’s about sharing Jesus’ ‘point of view’ – which is, as we’re told right at the start of the gospel, a point of view unimaginably close to the heart of eternal life and reality itself.  

We can only see in this way when we move away from our ordinary perceptions a bit. Just as we can only learn to swim when we have jumped into the water, so we shan’t learn what faith is all about until we have been prodded by whatever forces around us to take the risk of trusting that (so to speak) the ground is going to hold beneath us if we step forward (I like to speak sometimes about discovering what images, ideas, perspectives and relations are ‘load-bearing’ in our lives).  

So part of the invitation is also about telling the stories of those who have taken that kind of risk and what sort of lives they have shaped for themselves in the light of it. There is little point in summoning others just to share my individual set of feelings. But there is perhaps more weight is saying, ‘A lot of people have felt this shape beneath the surface, this grain running through things.’ Which is why – as the book seeks to explain – theology works with the ‘classical’ shared texts that most Christian communities found themselves reading together in the first hundred years after Jesus; and works also with the history of the arguments and diverse perceptions that reading brought into focus.  

We read and think in company; our theological reflection like the rest of our lives of faith is a shared, ‘conversational’ affair.

It's not unknown outside theology. We have become so much more interested over the last few decades in how to understand works of art not just in terms of what the artist ‘meant’, but in terms of what the actual work does or makes possible. What world does it create? So we read the Bible, obviously, but we also read the readers of the Bible (think of the Jewish Talmud, with the original text of its classical legal discussions literally surrounded on every page by the arguments that this text has generated). We read and think in company; our theological reflection like the rest of our lives of faith is a shared, ‘conversational’ affair. And so along with reading the Bible and immersing ourselves in the history of what sense others have made of the basic text and story, we also bring to bear the sorts of things that are part of our current conversations in society and culture – the habits of ‘reasoning’ that we have picked up.  

There is an important difference between talking about ‘reason’ as a sovereign, detached capacity and talking about ‘reasoning’, the range of processes and practices that carry forward a common life of intelligent learning (and that learning may be at any level of supposed ‘intellectual’ capacity; once more, it’s not about abstractions). Our society these days is fairly comprehensively confused about this: we have a mythological picture of some supremely obvious way of arguing that allows for no final dispute; we call it ‘science’; and then we expect the impossible of it and are disillusioned and sceptical when it can’t give us absolutely certain answers. One of the many ironies of our society is that we are besotted with ‘science’ and at the same time fascinated by the idea that there are many ‘truths’, or else suspicious that apparently objective sources are actually controlled by other interests. Real ‘reasoning’ happens only when we have learned to trust one another’: a long story, but an all-important element in our human discovery. 

Bible, tradition, human reasoning – those are the tools we bring to this job of mapmaking. The book is really just a meditation on those words, ‘Come and see’, as the basis of Christian thinking. At the centre of everything is a set of very ambitious claims about what God is like – and what we are like. Part of what we’re invited to ‘come and see’ is ourselves. Once again it’s not unlike what happens in a really good play or film, when we go away conscious that we have seen not just someone else’s story but something fresh about our own selves. 

And my greatest hope for the book is that it may prompt someone to look a bit harder, to listen in to how Christians talk – and in that moment find that they recognize what’s being said in some complicated and untidy way. One of the most vivid characters in the gospel I’ve been quoting says of Jesus that he has told her everything she has ever done. I hope that those who are moved to investigate a bit further will come to that same unsettling and exciting point where they see themselves freshly, and the new landscape begins to unfold.  

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