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

Christmas culture

Creed

19 December 2023

5 min read

Santa Claus and how not to give gifts

John Barclay unpacks the nature of gift-giving and finds Santa’s list is moralising in comparison to an older unconditional way.

John Barclay

John Barclay is Lightfoot Professor of Divinity at Durham University. He researches the history and thought of early Christianity and early Judaism.

A Santa tiptoes in a darkened room carrying a lamp and holding up a finger in a gesture of silencing

Anderson W Rangel on Unsplash.

Christianity is a religion centered on the notion of gift. It is no accident that Christmas, linked with what Christians consider the ultimate gift - the birth of Jesus, is a festival of gift-giving. All sorts of historical and cultural traditions have accumulated around this festival, for good and ill, but one, it seems to me, has become especially problematic: the myth of Santa Claus. The form of giving we associate with Santa Claus is the very opposite of what counts, in the Christian tradition, as a good gift. Here’s how.

In the English-speaking world, Santa Claus (originally St Nicholas) is the man in the red coat and white beard to whom children address their requests for presents. For many, he becomes a bit like God, and as such, shapes their image of God as normally absent, occasionally useful, and generally benign. But if Santa is the distributor of gifts at Christmas, two things mark his giving: first, he gives according to merit; second, his giving is one-way and one-off, creating no relationship of trust, love, or obligation.

The famous Santa song is better known in North America than in the UK, but it has lasted long in the popular imagination. It has also shaped our ideas of gift-giving. Santa, you will recall, has a list of who’s been ‘naughty or nice’, and is using that list to direct his gifts. He is all-seeing and all-knowing (‘he sees you when you’re sleeping; he knows when you’re awake’), so his merit-judgments are unfailingly correct: he ‘knows if you’ve been bad or good’ – so ‘be good for goodness sake’! Santa’s gifts, in other words, are merited and conditioned. At one level, this is an adult ploy to get children to behave at Christmas. But at another, it reflects a remorselessly moralizing society, quick to judge who is deserving of praise or blame.

As Harvard philosopher Michael Sandel has argued in The Tyranny of Merit, we have allowed the notion of ‘merit’ to govern so many aspects of our society that those who miss out on social and economic success are led to believe that it is really their fault. Santa is the projection of our sense that nothing good comes our way unless we somehow deserve it.

The other feature of Santa’s giving is that it is all over in a trice: it creates no relationship and establishes no long-term connection. The children who write letters asking for presents are not encouraged to enquire after Santa’s wellbeing during the rest of the year. There is no friendship, no commitment, just one-way gifts that arrive without reciprocity or interpersonal depth. That fits Western individualism, where we dislike the constraints created by long-term relationships. We will take a gift ‘with no strings attached’ because thereby we retain our autonomy, our power to choose, our independence.

This was a gift ‘with strings attached’ – not unwelcome new obligations that forced them to do what they hated, but strings of love that enabled them to be better and fuller versions of themselves.

he Christmas event was originally understood as a gift of a very different kind – in fact the inverse of the Santa-gift. What the early Christians celebrated about the gift of Jesus was that it was completely unconditioned: it was given without regard to merit or desert. Even in ancient times that was an unusual, even a bizarre, form of gift: surely it would make better sense to give to those who were worthy of the gift? But what the Gospel writers and St Paul celebrated was that the gift took effect in unexpected, undeserving places – with uneducated fishermen, with women as much as men, with non-Jews as well as Jews, with the social underdogs and the morally dubious.

This was a gift that had nothing to do with merit: it was given irrespective of worth and in the absence of worth. Paul the persecutor received this gift; so did Mary, a village teenager; so did Peter, who let Jesus down time after time; so did idolatrous non-Jews; so did Zacchaeus (a tax-collector – about as popular as a loan shark today)). This was not because the gift was given randomly. It was a strategic policy to make the gift available to all. As an unconditioned gift, not dependent on gender, cultural background, social level, or moral achievement, the gift of the ‘good news’ belonged to no-one – and could go to everyone.

As a result, the early Christians formed new kinds of communities that crossed most social boundaries, and excluded no one on the basis that they were not good enough to join.

And was this a ‘Santa gift’ in the sense of creating no relationship, no ties, no expectations? Far from it! The gift of Christ was understood to transform those who received it, because ultimately it was the gift not of a thing but of a person. Where Santa disappears for eleven months of the year, the Christians found that Jesus stuck around, not as a threat but as a transformative presence (in the form of ‘the Spirit’), who slowly, subtly, but definitively made them different than what they were before. This was a gift ‘with strings attached’ – not unwelcome new obligations that forced them to do what they hated, but strings of love that enabled them to be better and fuller versions of themselves. The Christ-gift drew its recipients, as theologians would later say, into the life of God, which is the best imaginable place for humans to be.

So, how might you give gifts differently this Christmas? Well, you could go beyond ‘the usual suspects’ and include some you would not normally include on your giving-list; why not reach out, with some gesture of goodwill, to someone with whom you have had a difficult relationship this year? You could try to make your gifts more personal, as a token of who you are and who they are, and you could make an effort to continue the friendship beyond the ‘once a year’ gesture. And if someone gives to you and you haven’t thought to give to them - a common source of embarrassment - no problem: take it as an invitation to friendship, to which you can always respond at some other time and in some other way. There is always an opportunity for change and growth.

An unconditioned gift that changes who you are - liberating and transformative, underserved and perpetually effective. There might be reasons why we prefer the ‘no commitment’ gifts of Santa Claus, but we also know that the most meaningful gifts are personal; they create or sustain ties of friendship; even if they are things, they represent an interpersonal commitment of love. Christmas is always a mixed blessing, but it is not helped by the Santa songs (or, indeed, by some terrible lines in Christmas carols!). But at its origin it carries the tune of a different kind of gift, which takes no account of desert but changes its recipients in ways they can never forget.