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
Creed
Easter
Resurrection
4 min read

Easter is almost too big for our human minds to grapple with

How can we 'go figure' the seemingly incomprehensible?

George is a visiting fellow at the London School of Economics and an Anglican priest.

A star constellation resembles a cross.
Adrian Mag on Unsplash.

Forgive me for getting a bit ahead of myself, but I’d like to say something of the Resurrection. We’ve barely even started the Triduum and the Jesuit saying rings in my ears: “If we don’t die with him on Good Friday, we can’t rise with him on Easter morning.” 

But part of the problem this epigram presents is that it’s not so much Good Friday that we skip over, but Easter morning. In our determination to focus on the Passion of the Christ, Easter can perhaps be a joyful sermon, a jolly good lunch, an exclamation that “He is risen!” and we move on. 

So when it comes to miracles, too often it’s the Big One from which we avert our attention. And we can even skip the entire thing. I encountered two of my erstwhile Church primary-school children on a Holy Week dog walk. “Father George!” they cried. I’m afraid I spoke to them and their parents about clues for an Easter-egg hunt. 

Like the size of the universe, Easter is almost too big for our human minds to grapple with. So we confine ourselves to reciting facts and beliefs. Our universe is 13 billion light years wide and came from literally nothing. Jesus Christ was raised from the dead and appeared to his disciples. 

There is a real fear of the Resurrection among the faithful. Not in the way that scripture speaks of the fear of God, but a much more basic fear of the schoolchild that we’re not getting it right. It’s as if we’re meant to believe but can’t, with a dash of the awful dread that those who say that - rather like Donald Trump - it’s not to be taken literally but seriously might just be right. 

It’s the fear of the yawning abyss between literal truth (in Greek, logos) and metaphorical or allegorical truth (mythos). And it’s as if we’re being forced to make a choice that, in conscience, we can’t. As such, it becomes what St Paul might call a stumbling block, something that gets in the way rather than illuminates. And it’s one we quietly ignore. 

I think I want to say that we need to be liberated from the worry that there’s a right way to interpret it, or that there’s a binary choice to be made between literal and metaphorical truth. In the events of Easter morning, we’re being offered a both/and response rather than an either/or choice. 

In this model, historicity is useful but insufficient. We know as a historical fact that Jesus of Nazareth was crucified by the Roman authorities and we can very reasonably assume, in historical terms, that one of his disciples, a woman from Magdala called Mary, went to his tomb after the Jewish sabbath and found it empty. 

Thereafter the experience of the Resurrection becomes harder, if not impossible, to describe. Not just for us, but especially for the first witnesses to it. That’s partly why this gospel scripture is written in a way that is unlike any other, more breathless, more personal, more anecdotal and more experiential. It’s as if the insurgent Jesus movement is seeing in colour for the first time. 

If we’re looking for a miracle, incidentally, here it is. Whatever has happened, the utter defeat and dispersal of this small, provincial band of rebels in death and despair has been irreversibly transformed within three days. The two-word modern term for this phenomenon might be: Go figure. 

But we should not avert our eyes from less convenient phenomena, evidence that is not just metaphorical or allegorical but which may be downright worldly and motivated by expedience. It isn’t controversial to observe that there is a difference between the empty-tomb narratives and the apparitions (as the Roman Catholic catechism calls them) of the risen Christ, the latter in part arising from competing factions for patriarchal authority the earliest formation of Church. 

The empty tomb isn’t just evidence of the risen Christ. It’s there to show us symbolically where God is not. In John’s gospel, Mary sees cherubim sitting at the head and foot of the slab on which the body lay, echoing the mercy-seat of the ancient ark of the covenant, the empty throne of the invisible Jewish God, Yahweh. The Christ has “gone ahead” to continue the living work of God in his nascent Church of the new covenant. 

Above all (and those two words can be read literally), this dualistic approach to the Resurrection calls its observers to relax about it, to let go of our understanding of it. The words and actions of the risen Christ often seem to confirm as much: "Don't hang on to me", "Shalom" (Peace be with you), "Come and eat", "Feed my lambs". 

So, struggling to comprehend the Resurrection isn’t a deal-breaker. In a way, the divine message is that the biggest miracle of all is no big deal. Life really does go on. 

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