Article

Creed

Ethics

4 July 2024

5 min read

Whistleblowing: what if your CEO is a Caesar?

What are the boundaries of legitimate protest?

Charles Foster

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.

Explainer

Belief

Climate

Comment

Sustainability

13 September 2024

7 min read

Living sustainably doesn’t have to be a burden, here’s the case for action

How not to get hot and bothered about climate change.

Barnabas Aspray

Barnabas Aspray is Assistant Professor of Systematic Theology at St Mary’s Seminary and University.

A protester holds up a green sign reading: 'It's hard to be green. Kermit'.

Markus Spiske on Unsplash.

The fundamental tenets of Christianity show why Christians are called to love not just one another but all created things.

1. God is love.

2. God created everything.

Therefore, God loves everything he created.

3. God appointed humanity as the guardians of creation.

Therefore, a fundamental part of our identity and calling as human beings is to protect and sustain all that God created.

This lies at the basis of everything Christians believe and do. But a case can be made that is more basic still because it appeals, not to anything distinctively Christian, but to natural human wisdom. The climate crisis is not a Christian crisis. It’s a crisis for everyone who cares about their future and that of our planet. The climate crisis may be something unprecedented in the history of humanity, but the principles that are needed to resolve it are not new at all. Sustainability is not a new or particularly abstruse idea. It is something everyone understands as basic common sense. If I cut down trees faster than they can grow, I won’t be able to do that forever. One day I will cut down the last tree and then there won’t be any more trees, ever again. If I catch fish faster than they can reproduce, then one day I will catch the last fish and then won’t be able to catch any more ever again.

But it’s not only about foresters and fishermen. Since the dawn of humanity, we have been living sustainably – wisely preserving resources and using only what we can replace, so that we and our descendants can continue to live. This applies to everyone regardless of their profession. All of us, if we spend more money than we earn, are living in a way that cannot last for long. If we use resources at a faster rate than we can replenish them, we will run into trouble at some point in the future. Every person possessed of reason and common sense knows this intuitively without having to be taught it. Only someone seriously deluded, foolish, or with some kind of mental health problem fails to understand the need for sustainability in order to have any kind of future at all, let alone a pleasant future.

The call to live sustainably can lead us to feel burdened by a permanent sense of guilt, a feeling that we ought to be doing more than we are...

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We are burning fossil fuels at hundreds of times the rate they can be produced. We are producing plastics that cannot be recycled, meaning we have to dump them in landfills that are growing all the time. We are pouring carbon dioxide into the air faster than anyone can take it out. All of these things mean that there is a time limit on the kind of lifestyles we are all leading now. If we carry on in this way, then one day we will cross a line from which there is no returning. As Mark Scarlata has pointed out, the solution cannot be technological. Even if we find a way to balance carbon outputs with inputs, we are only kicking the can further down the road. Our inability to live within our means will simply resurface somewhere else later on. The problem is spiritual, not technical.

Everyone understands this at some level even if it’s the kind of truth from which we prefer to avert our eyes. The harder problem is to understand why this basic common sense isn’t proving effective. Why are we living collectively in a way that only a foolish or insane person would live, when most of us taken by ourselves are neither foolish or insane?

The problem, at least in part, is that we are all entangled in systems that make it very hard for us to live sustainably. If I am an ordinary Brit living in an ordinary town or city, and I need to buy toothbrushes or nappies or cucumbers or strawberries, I go to the local supermarket: and the only options available are made of plastic or wrapped in plastic that will not decompose for 500 years, and often brought here from the other side of the world using huge amounts of carbon emissions. Most of us are busy people with limited financial resources. We don’t have the time to find sustainable alternatives and often they are too expensive even if we can find them. The societal structures that we live in limit the choices we have. The call to live sustainably can lead us to feel burdened by a permanent sense of guilt, a feeling that we ought to be doing more than we are, but also an inability to see how we could be doing more given all the pressures, needs and constraints on our time and money.

Christians do not naively believe that God will sweep in and fix everything if we just wait. That would be to deny our responsibility, and it is not what hope means.

We are all culprits in part, since we all contribute to non-sustainable living. But we are also partly victims of forces beyond our control, large cultural forces that shape and determine our actions more than we can imagine. We have very little power over those structural forces and currently things do not look good. Common sense principles aren’t working. The climate crisis is only getting worse. So, what do we do?

It is at this point that Christianity has something special to offer to the problem.

First, Christians are never called to be defeatist or to throw in the towel. This is because we are called to an enormous hope, a hope that surpasses understanding, a hope that the world cannot understand because it stands over against all the odds and all the possibilities. This hope is rooted in the conviction that our God is God Almighty, that he has not abandoned his creation, and that he has power to save. He is a saviour. He is the God of our salvation. This is the God we believe in. The climate crisis may look bleak right now, but Christians need never despair or become indifferent. If we do our small part, we can trust that God is in control of what is out of our control.

Secondly, Christians believe that every human being is a free agent with the capacity to choose how he or she will act. Our freedom may be limited by the societal structures that shape and constrain our choices, but it is not destroyed. We can still make choices within those limits to buy and live more sustainably – anything from choosing a holiday destination within driving distance, to giving up beef (by far the worst food for carbon emissions). There is something all of us can do.

Thirdly, Christians believe in a God who transforms hearts and lives, winning them to the power of the gospel and to a new way of living that is free of the shackles that this world – the structures of society – puts on us. This transformation is slow – slower than we would like it to be sometimes. We feel the shackles still gripping us at times. We are not expected to change everything all at once, to become holy overnight. Nevertheless, God gives us the power to change our lives, and to become part of the solution rather than part of the problem. The way towards sustainable living is not to try to change everything at once, but to ask: what one thing can I change in my daily lifestyle that would make it more sustainable? And then once we’ve mastered that and integrated it so we no longer even think about it and it’s just a default, then we can ask: what’s the next thing I can do? All of a sudden what looks like an unimaginable height of transformation, when it is broken down, becomes a series of manageable steps.

Even if we do everything in our power, we cannot by ourselves avert a possible catastrophe. We are small players in a big game. Christians do not naively believe that God will sweep in and fix everything if we just wait. That would be to deny our responsibility, and it is not what hope means. Hope means the opposite: that we continue to fight to avert climate disaster even when it seems hopeless. Christians are called to be part of the solution rather than part of the problem. We are called to live in such a way that, if catastrophe comes, it won’t be because of us – to live in hope that our actions are meaningful and worthwhile and that we are in the hands of a God who is far more powerful than the most powerful forces in this world.