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

18 December 2023

4 min read

For the knowing of the how: creating at Christmas

Learning a new craft leads Andrew Davison to unfold the layers of meaning Christmas is clothed in.

Andrew Davison

Andrew works at the intersection of theology, science and philosophy. He is Canon and Regius Professor of Divinity at Christ Church, Oxford.

A white crocheted angel decoration against a dark background.

Kelly Sikkema via Unsplash.

Childhood Christmas was for me a time of craft and productivity, of baking and decorating, of paper chains and printing cards with dissected potatoes. Christmas was all about making, so homemade presents outshone everything else.

That was fine if you were a painter, knitter, sculptor, seamstress, or woodworker, and each member of my family was at least one of those things. I was the odd one out: at least until the autumn before last, when I took up crochet.

My inspiration came from John Milbank: theologian, philosopher, political theorist, poet, and general ruffler of feathers. Not, I have to say, because he sets example with hook and yarn. Rather, he’d written an essay, an essay that spoke to me, as someone often in art galleries but rarely making. We get so invested in fine art, he wrote, that we forget the priority of applied art, of craft and decoration. That’s the foundation. The art we go to see in museums is great only if it succeeds in ‘intensifying this art which is proper to humanity as such.’ So, I took up crochet.

Crochet, as I hoped, is rather like playing the recorder. It’s not too difficult, even at the beginning, but has plenty of scope for complexity and skill. I’m now three blankets in, plus six cushion covers and a hat. Even my first efforts were gratefully received as presents, and I some of my recent work is much more intricate, and not half bad.

I’ve finally joined the ‘Christmas is about making’ project: and Christmas really is about making. John Donne put it like this, addressing the Virgin Mary:

… yea thou art now
Thy Maker’s maker, and thy Father’s mother;
Thou hast light in dark, and shutst in little room,
Immensity cloistered in thy dear womb.

Mary becomes her ‘Maker’s maker’. In a further twist, which Donne would appreciate, Mary’s child grew up to be a carpenter, or – as the Greek would better be translated – an all-round, general purpose village maker: from hearths to homes, from shelves to structures.

In thinking about how God took up a human life, writers have often turned to the language of making. In the same poem, Donne has God weaving himself a kind of garment in Mary’s womb: ‘He will wear, / Taken from thence, flesh’. Thomas Pestel (1586–1667) opens an unjustly forgotten Christmas hymn like this:

Behold, the great Creator makes
Himself a house of clay,
a robe of virgin flesh He takes
which He will wear for aye.

More familiar still is Charles Wesley’s ‘Hark the Herald Angels Sing’, with its lines:

‘Veiled in flesh the Godhead see, / Hail the incarnate Deity!’

The language of wearing, of robes and veils, hasn’t always fared well among theologians. I heard of one stern tutor in doctrine who would look round the chapel whenever Wesley’s carol was sung, reserving a stern word for any student who failed to fall silent at that line. He didn’t like the implication that God was merely draped in humanity, making only an outward show of being human.

Thomas Aquinas saw that worry, writing in the thirteenth century, but argued for charity. The language of clothing isn’t perfect, but we shouldn’t expect it to be. Illustrations gesture towards the truth, they aren’t identical with it, and all the more when we’re talking about God. As long as we don’t think expect the clothing image to say all that needs to be said, there’s mileage to it. For one thing, clothing can make someone visible (as the late Queen knew very well): ‘veiled in flesh, the Godhead see’. Moreover, Christ’s humanity was shaped by his divinity, like a garment is shaped by the body of the one who wears it, yet the body remains unchanged (and so does the garment), just as God became human without becoming any less divine.

Alongside clothing, Pestel also suggested God working with clay:

‘Behold, the great Creator makes / Himself a house of clay’.

That takes up, and reworks, another textile image. John’s Gospel gets to the heart of the Christmas message with a line so solemn that Christians have been accustomed to drop to their right knee on hearing it read: ‘And the Word was made flesh, and dwelt among us’. That’s how we know it, but a more accurate translation is that the Divine Word ‘pitched his tent among us’. The houses that Pestel knew, however, were made of bricks not cloth, which is to say of clay, so he adapted the image. Or, just as likely, with that clay, he had the ‘house’ of the human body in mind. That would recall lines in Genesis, where God makes Adam out of clay, or ‘the dust of the ground’. In fact, the Hebrew word ‘Adam’ means just that – something like ‘earthling’ – just as ‘human’ is related to the Latin ‘humus’, meaning soil.

Whether weaving and wearing, or building, or sculpting, or potato printing, this is the message to stop us in our tracks at Christmas: that the Maker made himself human. There is something beautiful that we greet that with homemade presents, with printing cards, with decorating and baking, with craft and productivity, with paint and cloth, paper, wood, and yarn, and with that sublime sort of making that is music. As Pestel puts it, in closing ‘Behold, the great Creator makes’