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.

Article

Christmas culture

Creed

Middle East

Royalty

13 December 2024

6 min read

Magi: where did the wise men come from?

The origin story of the Middle East's ancient king makers.

Mark Gilbert

Mark is a research mathematician who writes on ethics, human identity and the nature of intelligence.

An arts and crafts image of the three kings adoring the new born Christ.

The Adoration of the Magi.

Edward Burne-Jones, Public domain, via Wikimedia Commons.

You’ve probably heard they weren’t really kings, but the wise men or magi had some impressive royal connections. Far from being one-off royal visitors to the infant Jesus, the magi had a long history of involvement with monarchy, crossing paths with illustrious kings including Cyrus the Great of Persia, Alexander the Great and the Roman Emperor Nero.

Originally a tribe of the Medes who lived in Northern Iran 600 years before Jesus’ birth, the Persian magi were hereditary priests. Writing around 425BCE, Greek historian Herodotus tells us how these magi became known throughout the ancient Middle East for their ability to interpret dreams and knowledge of the stars. They were followers of the Zoroastrian religion, and were responsible for the holy fires central to Zoroastrian worship.

To the Greeks, the Zoroastrians and the magi were exotic objects of fascination. Many later Greek written philosophical and occult works claimed Zoroaster (or Zarathustra) as their author. Much like some twentieth century Western conceptions of Hinduism and Buddhism, the Greek and Roman conceptions of Persian religion often had only a passing resemblance to the original. This may have included the "mystery cult" of Mithras that would become popular throughout the Roman Empire in the first century. This also means that references to 'magi' may not refer to the Persian magi, but to other astrologers or dream interpreters who lived to the east of the Mediterranean.

A hundred years before Herodotus, we find the first mention of magi in the bible, in the Book of Daniel. This was the period of Jewish exile and captivity in Babylon. Jehoikim, King of Judea and descendent of Kings David and Solomon, was defeated in battle and killed by Nebuchadnezzar II of Babylon. Jerusalem and its temple were destroyed, and many Judean nobles were taken as prisoners. Daniel was one of these hostages and is taken to the Babylonian court, where God gives him the ability to interpret the king’s dreams. Impressed by his abilities, Nebuchadnezzar puts Daniel in charge over all his wise men. It’s unclear what relationship these Babylonian ‘magi’ had with the Medean ones, but strong Medean influence on the Babylonian court suggests that the Babylonian wise men could well have included Zoroastrian magi.

Daniel remained in the Babylonian court, until the Babylonians were invaded by Cyrus the Great, who allowed the Jews to return from exile and to begin restoring Jerusalem.

Cyrus' Persian Empire lasted for two hundred years, until it was invaded by Alexander the Great and his army in 331BCE. Alexander sought the advice of magi, but had many of them violently killed and extinguished their holy fires when he razed the Persian capital, Persepolis in revenge for the Persian destruction of the Acropolis by Xerxes 150 years earlier. Alexander’s Greek successors were characterised by bloody rivalries and in-fighting and were later overthrown by the Parthian empire, which would become Rome’s most formidable rival to the east. The magi consolidated their king-making reputation during the Parthian period, with a council of magi (the Megistanes) responsible for choosing Parthian kings.

The knowledge they have is broken, it’s a messy blend of wacky occultism, astronomy, maths topped up with an unhealthy obsession with royalty. The knowledge we have is broken too.

By Jesus' day, there were ‘magi’ throughout the Middle East, and it was in this context that Roman historian Pliny the Elder records the journey of Armenian magi to visit Emperor Nero in 66CE. By this time Parthia and Rome were a century into their protracted struggle and had just fought a five-year war over the Armenian succession. Despite suffering a humiliating defeat, Rome saved some face through a very one-sided treaty that had Parthia choose the next Armenian king, but with the Roman Emperor getting to place the crown on his head! Nero turned this to his advantage by having the new King Tridates I come to Rome to receive his crown. Tridates, who was a Zoroastrian priest as well as a king, came with a huge retinue including other magi and thousands of horsemen to receive his crown. The huge procession culminated in the magi king bowing before the emperor and acknowledging him as his god.

The visit of the Armenian magi has clear resonances with the familiar account of magi visiting the infant Jesus found in Matthew’s gospel. Given the many embellishments added to the magi story over the centuries, it's hardly surprising that some have suggested that the magi story was a fabrication and a remixed version of King Tridates’ visit to Emperor Nero. It’s a compelling theory, but I’m not convinced by this. If magi were stock characters in the ancient near east, and were also really interested in monarchs (who were often also treated as gods), then it wouldn’t be that surprising that there’d be more than one royal magi visit with emotionally charged religious overtones. What makes a fabricated magi story less likely to me is what the gospel writer Matthew’s Jewish audience would have thought of the magi. Although the Greeks and Romans were enthusiastic about foreign gods and exotic wisdom, first century Jews were not. To them and to early Christians, the magi would have been charlatans and followers of a false foreign god. A visit from some foreign astrologers would have been an embarrassment rather than the type of story you'd choose to make up.

So, who were the magi in Matthew's gospel? The two dominant theories have been that they were either Persian or else they were a later fiction. More fanciful theories include origins in India, China and even Mongolia. Another perhaps more realistic possibility, convincingly argued by Fr Dwight Longernecker in The Mystery of the Magi is that the magi were from the Arabian kingdom of Nabatea. The Nabateans were known for using irrigation to farm the desert and for controlling the trade routes across the Arabian desert. Two cash crops in which Nabatea dominated trade were frankincense and myrrh. The wealth generated from this lucrative trade was used to build Petra, the world-famous valley city of rock-face monuments. The Nabateans had close connections with Israel and may have been familiar with the prophecies of Daniel and Isaiah. They would also have been interested in the Judean monarchy and would have been natural visitors to the paranoid king Herod. Herod's mother was a Nabatean princess and the Nabatean king Aretas IV needed to shore up favour with Herod so the Nabateans would have had an interest in any new King of the Jews.

Barring some improbable Indiana Jones style archaeological discoveries, we’ll never know for sure who the wise men from the east were. But to me there’s something deeply fascinating about these mysterious visitors to the infant Jesus. Partly they seem to represent higher things – with their wisdom and wealth correctly put in divine service. It can seem as though their excellent learning and astronomical skills have cracked a cosmic puzzle, with the magi following the star and dodging a despot to find the baby at the end of the treasure hunt. This doesn’t hold up - the magi’s knowledge isn’t the object of wonder. The knowledge they have is broken, it’s a messy blend of wacky occultism, astronomy, maths topped up with an unhealthy obsession with royalty. The knowledge we have is broken too. But God uses the foolish things to confound the wise, and inside the crackpot mess of horoscopes and divination, God leaves the magi an invitation. To accept the invitation is to take a risk – to risk the long journey, the wrath of Herod and even to risk being wrong. But as they accept this invitation, they realise its an invitation to meet God Himself.