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.

Article

Comment

Paganism

Sport

28 July 2024

8 min read

Paris 2024 and Christianity’s opening ceremony

A subversive Olympic opening relies on Christianity’s own beginnings.

Tim May

Tim is an associate vicar of King’s Cross Church (KXC), a London-based Anglican church.

A painting of the Last supper showing Christ and the disciples at a table.

da Vinci's Last Supper.

Public domain, via Wikimedia Commons.

The opening ceremony of the 2024 Paris Olympic Games, held on the River Seine, has unsurprisingly caused controversy. Such moments, where one nation through pageantry and spectacle performs itself to all others, never fail to draw comment. The 2024 ceremony has drawn various detractors, not least those claiming the ceremony was an “attack on Christianity.”

You might remember the masterful opening to the London 2012 games. Director Danny Boyle’s theatrical spectacle told a symbolic story of nationhood. By depicting the bucolic, the industrial, and the NHS, he considered the UK in both dark moments and at its brightest. With a great exhibition of British humour, James Bond appeared to parachute out of a helicopter with HRH Queen Elizabeth II, while Mr Bean entertained the whole wordlessly through sardonic single-finger piano playing.

Widely held to be a creative triumph, Boyle was preceded by the Beijing Olympics where its opening ceremony, CGI fireworks put to one side, wowed the world with unprecedented size and scale, reminding us that we live in an era of Chinese power.

Tokyo 2021, delayed by a year due to the Covid-19 pandemic, involved 1,800 drones filling the skies – a faultless demonstration of a technological age where Japanese engineering has been indispensable.

The sporting side of things was easily forgotten as we witnessed an emphatically kitsch depiction of French history and culture.

In 2024 Paris, the weather was perhaps the greatest focus of attention, which suited the British commentary perfectly. We Brits surely are the world experts in making light-entrainment out of describing rain. Soggy athletes sailed the Seine on a variety of uninspiring looking barges. Sanguine but soaked, the athletes dutifully waved and smiled; adorned not in gold, silver or bronze but flimsy ill-fitting plastic ponchos.

Overshadowing this athletes’ parade were the creations of theatre director Thomas Jolly, mastermind of the whole ceremony. Boldly deciding to choose the city as a stage, rather than make use of the conventional choice of a stadium, the sporting side of things was easily forgotten as we witnessed an emphatically kitsch depiction of French history and culture.

Although the weather somewhat thwarted proceedings, it was the content of the performance that drew criticism.

Far-right politicians decried Jolly’s offering as a violation of French nationhood. Conservative pundits focused their criticism on Jolly’s elevation of LGBTQIA+ culture.

Christian commentators have, with various degrees of rancour, condemned a strange scene where Leonardo da Vinci’s famous painting of the Last Supper was subverted by a pastiche of ostentatiously queer characters. At the centre of which was not Jesus Christ but a robust-looking figure resembling Lady Liberty.

Elon Musk spoke up in protest too, posting that it was ‘extremely disrespectful to Christians.’ Full-throttled cries of blasphemy resound, and probably for good reason. What we witnessed was Christ being usurped and replaced by the insurgency of self-expression and the currently sacred idea of diversity and inclusion.

Ahead of the ceremony, Jolly told British Vogue about the heart behind his creation: “there is room for everyone in Paris. Maybe it’s a little chaotic, it’s true, but that allows everyone to find a place for themselves.” The opening ceremony will be a success, Jolly says, “if everyone feels represented in it.”

I guess this isn’t the case for the thirty per cent of the world who would identify as Christian. That’s because every family and flavour of Christianity would recognise that Holy Communion, the central act of Christian Worship for 2000 years, the institution of which is depicted in da Vinci painting, was being publicly and globally vandalised.

When Christianity becomes moral wallpaper to an entire civilisation and its culture, it unsurprisingly becomes a target for satire.

How can we make sense of this moment? Is there anything more for the Christian to contribute other than indignation or outrage?

Whenever something like this occurs it reminds me of the central role Christianity has played in Western culture. The intelligibility of the ceremony’s controversial scene rests on the idea that da Vinci’s painting is a globally recognised symbol. Otherwise, we would have just been watching a really strange dinner party with no food. But with Da Vinci’s famous painting in our mind the subversive power of Jolly’s scene hits hard.

The view, popularised by the historian Tom Holland among others, would go as far as to suggest that Christianity’s effect on Western culture is so pervasive that even moments of protest and subversion, as we saw in the Paris ceremony, are cultural phenomena inherited from the Protestant Reformation. Regardless of how far you agree with Holland’s thesis, Jolly's subversion only makes sense because of the dominant role Christianity has played in shaping the western imagination, and that is a position of latent power that should cause pause for reflection.

I’ve read half a dozen articles from a certain sort of right-wing journalist who parrot thoughts like, “they wouldn’t do that with the Quran”. That might be right, but it fundamentally misses the point. Blasphemy, let’s say, in Iran, would certainly not involve the Last Supper.

The scene made sense only because of Christianity’s now diminishing position of power but it's a position of power, nonetheless. When you align Jesus Christ with the status quo, with the corridors of power, when Christianity becomes moral wallpaper to an entire civilisation and its culture, it unsurprisingly becomes a target for satire. Especially for anyone or any group that feels persecuted or marginalised. I’m not for a moment defending what Jolly did but trying to understand why it happened.

The last supper, the meal Jesus shared with his friends the night before his crucifixion, was the opening ceremony of Christianity.

The kind of cultural power Christianity has had in the West comes at the cost of clarity because Christianity was itself originally a counterculture. Crucifixion, a supreme act of imperial domination, became the foundation of Christian thought and ultimately its greatest symbol. The original Christian movement was seen itself to be blasphemous for contradictory reasons by both the Jewish and Roman religious leaders of the time.

The fundamental difference between Christianity and merely holding conservative values that should not be transgressed, is God. It was genuine belief in Jesus Christ as the long-awaited messiah of the Jewish people and the Saviour of the whole world - a belief that led his first bedraggled and bewildered disciples to live in such radical and counter-cultural ways that many were killed by the Roman Empire.

It is right for his followers today to speak up and say how wrong it is when the special and sacred things he did for them are yet again trampled on in public, but it's also worth remembering that’s how the story started - with Jesus’ body brutalised and broken. That somehow, in moments like this, we miss the power of Jesus when we simply defend him on grounds of “decency” and “respect.” Instead, if we return to the original events themselves, Jolly’s depiction, in its mockery and subversion, actually reveals the power of The Last Supper.

Da Vinci’s painting was not intended for a gallery but was originally painted on the wall of a fairly obscure monastery, transported to a gallery years later to become primarily art, it is more a foundational aid to the faithful to remember the original events Da Vinci is depicting.

The last supper, the meal Jesus shared with his friends the night before his crucifixion, was the opening ceremony of Christianity. Every time a Christian takes Holy Communion - the central act of Christian worship for over 2,000 years - they remember the opening ceremony where:

“Jesus took bread, and when he had given thanks, he broke it and gave it to his disciples, saying, “Take and eat; this is my body.” Then he took a cup, and when he had given thanks, he gave it to them, saying, “Drink from it, all of you. This is my blood of the covenant, which is poured out for many for the forgiveness of sins”

The most peculiar part of the opening ceremony of Christianity - more peculiar than any sight we saw last night - is the presence of Judas. The biblical accounts describe Jesus’ knowledge of Judas’ intentions to betray him to the Romans, and yet Judas is still welcome to the table. If there’s space for Judas, then there is space for all of us. The opening ceremony Christianity cannot be remembered without the presence of Judas the betrayer, and Peter the coward or Thomas the doubter. The great irony and the big mystery of the Christian Faith is that you can’t out-sin grace. You can mock it and subvert it, but Christ died for the ungodly.

Last night’s scene doesn’t come close to the original events. Not only was Jesus betrayed by his friends, he was then tortured, humiliated and executed publicly in just about the most excruciating way humans have devised. That was blasphemy of another level, but it was also victory because God was choosing to love inclusively beyond any human metric.

Tom Holland may be right that no part of western culture has escaped Christian influence, but I want more than a little downstream influence.

This means that there’s nothing more inclusive than the opening ceremony of Christianity and yet, at the same time, nothing more exclusive. It is not us who provide the food but God. In Jolly’s performance, the Last Supper scene was concluded by the French actor Philippe Katerine, emerging painted head to toe in blue. Whilst this bearded smurf caused baffled sniggers across the planet, Katherine was apparently representing Dionysius, The Greek god associated with wild drunken parties. The food on offer by Jolly is wild desire and self-expression. In Christianity the food is God himself, his body and his blood. God’s love is given not simply expressed, even to those who will betray him.

Moments like this will become harder for Christians to navigate. It feels like just as a wave of secular liberalism wants to finally vanquish the power position Christianity has painted for centuries, a new conservative vanguard of resistance is rising to protect or enrol it for its own means. From the mouth of Modi or in Trump’s tirades, a new religiously armed populism is raging. Tom Holland may be right that no part of western culture has escaped Christian influence, but I want more than a little downstream influence.

Take us back to the opening ceremony, to the foundation of Christian faith. Take us to the waterfall, where the torrent flows straight down from the mountain, and save us from the slow-moving sludge of the wide river downstream. Take me back to the opening ceremony of Christianity. To the table where God welcomes a Judas like me, to the meal where the master became a servant and washed his followers' feet. Take me back to eat food I could never afford and wine I could not create.