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.  

Essay
Awe and wonder
Creed
Easter
7 min read

At the tilting points of the year, we ask what kind of world we want to build

Equinox is still a threshold between darkness and light.

Elizabeth Wainwright is a writer, coach and walking guide. She's a former district councillor and has a background in international development.

Sun rise casts a shadow over Stonehenge.
Nik, via Unsplash.

At the spring equinox, we appreciate and talk about the arrival of light in the northern hemisphere. For a brief moment, the Earth’s axis is tilted neither away from or toward the sun, and day and night are roughly equal length – ‘equinox’ is Latin for ‘equal night’. From here, we enter astronomical spring.  

But it is not entirely accurate to talk about this being the moment when the darkness is finally diminished. That moment is the ‘equilux’ – equal light – and it happens a few days before the equinox, its date varying with latitude. Because the sun appears as a disc in the sky, the top half rises above the horizon before its centre does, which – when coupled with light being refracted by the Earth’s atmosphere – gives extra daylight. By the time of the equinox, and depending on your latitude, we already have 12 hours and 10 minutes of daylight. It is not much, but it is enough perhaps to read a few pages of a book without an artificial light, or to have “just one more” kick of a ball outside, as my daughter has learned to say.  

There is beauty in the idea that for a brief moment during the equinox, we are all experiencing the same light and dark. But it is not true. At any particular moment, some of us experience more darkness than others, and some of us receive more light than we think.  

Whenever its moment of arrival, though, the light will arrive. It always has, since the world was set spinning and tilting in space. We have always found ourselves poised at the threshold between the long dark of winter and the gathering light of summer. It is a threshold that is embedded in creation itself; all of life must in one way or another face the work, the inevitability, the challenge of transformation. This threshold is echoed through our own lives too – in the in-between spaces where one thing is ending, but the next has not yet fully begun. There are personal thresholds: a change in career, a birth, a loss. And there are collective ones: times in history when the old ways no longer work and we strain toward something new, unsure of how to get there.  

Ancient people marked the equinox with purpose and care, watching for the moment the sun rose in the east and set in the west. At places like Stonehenge, huge stones were arranged to capture the exact angle of equinoctial light, as if the builders knew this threshold was something worth marking. Recently, archaeologists have suggested that Stonehenge was built not just for religious reasons, but for unification too: its stones come from Cornwall and Wales and Scotland – from all parts of the land. Their slow journey to their resting site on Salisbury plain would have been a chance for celebration and feasting, with thousands of people joining in along the way. It was a journey that would have brought together different people, including groups that had migrated from modern day Europe. Gathering light was a shared effort, and one worth celebrating.  

For the early Celtic world, the equinox was a hinge between Imbolc, the season of early stirrings, and Beltane, the riot of summer. It was a time for reckoning and renewal – counting what food remained after winter, deciding what animals to keep or cull, what seeds to plant. To live well meant paying attention to the balance between what had been and what was to come. Lately, I have realised that it is not change itself that feels hard so much as not knowing the nature of the change that I, that we, will be called to. My young daughter has brought this into sharp focus. On the days when the dark feels relentless and the light seems distant, I find myself fearing for her future. I think of those Celtic people; the way they did not know the future but prepared for it anyway, perhaps in their rituals asking, how do the past and the future speak to each other at this moment, who are we, who might we become?  

Even if we long to cling to what is familiar, the familiar will eventually change. Easter, and the equinox, are not just about light triumphing over darkness, but about transformation.

In a world where crisis seems to be following crisis, it is easy to feel that everything is tipping off balance. The equinox suggests though that equilibrium has never been static, and balance has only ever been fleeting, a transition between states of being. It is a moment of poised readiness, a preparation for movement. The world will keep tilting and tipping as it always has, and we will keep changing as we always have.  

In the Jewish calendar, the equinox often falls near Passover, the great festival of liberation. The story of the Exodus is a story of transition – of leaving behind what enslaves us even when the road ahead is unknown. The Israelites did not step from captivity into freedom overnight. They wandered, and wrestled with doubt, and longed for the certainty of their old lives even as they were being offered something new. Thresholds are rarely comfortable.  

I find myself at a threshold now: I am trying to shape a life that has reformed around motherhood, with past roles and jobs behind me, and the new identities yet to fully clarify. I have been feeling the truth of farmer-author Wendell Berry’s idea that "it may be that when we no longer know what to do, we have come to our real work." This real work has been stimulating but also confronting, as thresholds often are.  

If we are, as many believe, living through a threshold moment in history – where old systems are failing, where climate and conflict threaten the future – how do we walk forward? How do we resist the temptation to cling to what is familiar, even when it no longer serves us? Easter falls just after the equinox. Shoots push through soil, lambs stumble into life, a chorus of birdsong swells, and we remember that nature is all resurrection. Even if we long to cling to what is familiar, the familiar will eventually change. Easter, and the equinox, are not just about light triumphing over darkness, but about transformation. Jesus did not return from the tomb unchanged; he was made new, unrecognisable at first, even to his closest friends.  

The balance of light and dark is fleeting; it does not last; a threshold is not a place to linger. The world is always moving towards light, or toward dark, but always through change, and so are we. Balance is not an end in itself; it is a preparation for change. Perhaps these tilting points of the year are good moments to ask who we are becoming, and what kind of world we want to build, and how we will bear witness to the light, but also to the dark, as we do so.  

This equinox, then, we will turn and face the coming light, but perhaps too we might turn and notice the faces that the light shines on – or doesn’t. Virginia Woolf reminds us that "A light here required a shadow there." When the light comes, darkness will too. These turning points of the year are an opportunity to sit in the truth of that, to appreciate the hope and the beauty of this spring threshold, but also to get to work. We can reach out to those who are experiencing more darkness than us, help build the world in such a way that draws attention to the light like the makers of Stonehenge did, take stock of what has been and who we are becoming, step away from what enslaves us even if we are not yet sure of the shape of freedom.  

We cannot know what will happen next, but we can choose how to move forward. I wonder about those ancient people who somehow moved huge stones weighing up to 30 tons to Stonehenge; I wonder what they saw as they moved through the land, when they looked to the horizon, when they stood in the tension of their own now. They carried not just the weight of stone, but of their own unknowable future. Those ancient people persisted and celebrated and became us, passing on their burden, passing on their particular stone-bound, collectively built way of focusing the light. This equinox, I am thinking about how I can do the same – despite and because of the darkness, despite and because of the unknown path ahead. 

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