Article
AI
Creed
Ethics
5 min read

Whistleblowing: what if your CEO is a Caesar?

What are the boundaries of legitimate protest?

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
Belief
Creed
Monsters
5 min read

Which dragon does St Michael need to slay today?

Explore the cultural impact of the dragon killer.

James Cary is a writer of situation comedy for BBC TV (Miranda, Bluestone 42) and Radio (Think the Unthinkable, Hut 33).

A patch depicting a angel in armour, wielding a sword, on camoflague uniform.
Thomas Tucker on Unsplash.

St Michael is everywhere. But only if you have eyes to see him. He’s probably somewhere in your town. He may even be hiding in your wardrobe in one of your jumpers. Retailer Marks and Spencer trademarked the ‘St Michael’ brand in 1928. It was inspired by their best-selling hosiery brand – St Margaret. The name Michael came from the founder of M& S, Michael Marks. But the logo they used, a winged angel holding aloft a sword, was a reference to the archangel St Michael mentioned in the Bible. 

Even in the pages of that book, however, St Michael is a little elusive, being named only a handful of times. Perhaps that was his mystique. Less is more. But whatever St Michael was doing worked really well in the Middle Ages. A tradition arose around him, culminating in a feast day known as Michaelmas on 29th September. This feast day had extra significance as it become a ‘Quarter Day’. 

 In days gone by, the year was divided into four, bookended by quarter days. Michaelmas was one, at least in England. The next is Christmas Day, followed by Lady Day (March 25), and Midsummer (June 24).  Rents were traditionally due on quarters days. Legal and financial contracts were to be settled. Michaelmas was particularly associated with the domestic servants moving around. You will hear it referred to Michaelmas along those lines in Chapter One of Pride and Prejudice

Dragon sightings may have declined sharply since the seventeenth century, but they have come roaring back in the last few decades. 

Many schools called their autumn term ‘Michaelmas’. Mine did, although no-one ever explained what it meant. As schools began to dominate British life, the calendar year ceased to be broken into four but three. Now our lives are regulated by school holidays, ‘back to school’ days and half term, when it is traditional to double the cost of your holiday rental. Christmas remains. Lady Day morphed into the end of the tax year. (I’m sure the Virgin Mary would be thrilled). And Midsummer Day has vanished almost completely. 

St Michael had a good run. He had been a wildly popular figure from Anglo-Saxon times and Michaelmas a firm fixture in the calendar. Many churches founded in that period were named after him. Over 800 of those churches dedicated to St Michael remain in England, scattered across the counties. (I walked around one on Sunday afternoon in East Coker, Somerset where the ashes of TS Eliot have been interred.) Only the Virgin Mary, St Peter and All Saints are more popular in the church dedication charts. 

In short, St Michael was a big deal. Why? Because he was a dragon killer. 

In fact, Michael was not just ‘a killer of dragons’ but ‘the killer of the dragon’. That dragon is the silver-tongued serpent, Satan himself. The final reference to Michael in the Bible reads thus – and yes, it sounds better in the King James Version: 

And there was war in heaven: Michael and his angels fought against the dragon; and the dragon fought and his angels, and prevailed not; neither was their place found any more in heaven. And the great dragon was cast out, that old serpent, called the Devil, and Satan, which deceiveth the whole world: he was cast out into the earth, and his angels were cast out with him.  

 St Michael is the defeater of evil itself. This is a comforting figure when boatloads of Vikings could appear in your shire at any minute in order to destroy, steal, rape and pillage. The fact that these longboats had a dragonhead on the prow served only to reinforce this image that the enemy were representatives of Satan himself.  

Dragon-slaying was a staple of heroic tales. Beowulf naturally fights a dragon. Merlin is mixed up with a dragon called Kilgharrah. There are also dozens of accounts in which dragons are slain, often presented in a prosaic and serious way, like a report of pest control. Not far from me in the woods near Wells, the Bishop Jocelyn killed a dragon in 1320s. The latest account like this is in 1614 , reporting a “strange and monstrous serpent” living in St Leonard’s Forest near Horsham in Sussex “to the great annoyance and diverse slaughters both of men and cattle, by his strong and violent poison”. 

Dragon sightings may have declined sharply since the seventeenth century, but they have come roaring back in the last few decades. Dragons are everywhere. Our TV screens are constantly invaded by insatiable fire-breathing serpents. Bookshops bulge with titles about dragons. 

When you see those efficient, bloodthirsty killers jumping off their dragon-headed longboats, good and evil don’t seem like relative concepts. 

Has the time come for St Michael to return? Surprisingly not. 

St Michael has not been summoned because he is a dragon killer, and we don’t want to kill dragons. Not anymore. We want to tame them. We want to understand them. We want to harness their power. 

That’s what happens in Game of Thrones. Daenerys Targaryen wishes to assert her claim to the throne of the Seven Kingdoms of Westeros using the dragons that she has hatched. But can she use those dragons to bring about justice or ‘the greater good’ without being consumed by them or becoming dragon-like herself? It is an eternal question, played out in the Cold War with nuclear weapons and in Middle Earth with a powerful ring. 

We are seduced by the allure of the dragon all too easily. It’s there at the very beginning of Western Culture in the Bible: Eve is approached by a persuasive snake who tempts her to eat from the Tree of the Knowledge of Good and Evil. She falls for it. But throughout the Bible, the one blamed for the sin is not Eve, but Adam. 

But how is it Adam’s fault? Adam failed to give the serpent the Archangel Michael treatment. Adam should have killed the serpent or chased it out of the garden. He didn’t because, well, things were just starting to get interesting. And the rest is theology. 

St Michael is the extinguisher of evil. But we don’t want to destroy evil. We just want to see it diminished. A bit. In fact, the talk of Good and Evil is rather embarrassing. We don’t do Good and Evil. We do ‘values’. We don’t condemn sins. We seek to re-educate those with ‘anti-social behaviours’. 

We have the dubious luxury of speaking this way because we aren’t about to be attacked by Vikings any times soon. When you see those efficient, bloodthirsty killers jumping of their dragon-headed longboats, good and evil don’t seem like relative concepts. Evil is very real. That’s when you might need some clean pairs of Marks and Spencer’s famously excellent underwear. 

Scroll the news and you will find that millions around the world live with the reality of Viking-like terror right now. For them the virtues of St Michael might be more apparent.