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.

Review

Books

Culture

Ethics

Film & TV

8 November 2024

4 min read

Small Things Like These: putting the spotlight on backstage goodness

What it means for a film to be good.

Kevin Hargaden

Kevin is a social theologian studying ethics and economics.

The gaunt face of a dishevelled man stares into the distance

A ‘stellar’ Cillian Murphy plays Bill Furlong.

Lionsgate.

Small Things Like These is a novella by the Irish writer Claire Keegan. Published in 2021, it compresses a remarkable story into 128 pages. Acclaimed widely by critics and readers, it follows Bill Furlong, a fuel merchant living in the small County Wexford town of New Ross in 1986, as Christmas approaches. While delivering coal to the local convent, Bill makes an alarming discovery. Memories of his childhood begin to press in on him and he finds himself in an existential crisis.

Like her previous (very short) work, Foster, Small Things Like These is an understated book with a searing moral clarity. And just as Foster was adapted for the screen – in the astonishing Irish-language film The Quiet Girl – a movie version of Small Things Like These is now likely showing at a cinema near you.

The movie is built around a stellar performance from Cillian Murphy. It would be criminal if his name is not featured among the shortlists when awards season comes round. Many of the film’s most arresting scenes feature close-ups of his face as Bill wrestles with the implications of his discovery and the phantoms of his past. The effect is that the film serves as an almost literal portrait of what it means to be a decent person.

The story begins with Bill making a delivery to the convent. He sees a mother drop off her screaming daughter to the back door, where she is met and manhandled inside by a nun. The teenager protests passionately, but to no avail. The viewer understands that this girl has “fallen pregnant”, to use the Hiberno-English idiom that was so common in the twentieth century. She has been dispatched by her family to this institution to serve out the months of pregnancy and to remove any shame or taint from their reputation. Bill watches as the girl shouts out for her father, who is entirely absent.

And, after a tense interaction with an aggressive nun, he goes home to his five girls and his wife, clearly shaken.

A few days later, unable to sleep, haunted by memories of his own childhood being raised by a single mother, with an absent father, relying on the kindness of a wealthy local landowner, he begins his deliveries before dawn. As he deposits peat briquettes in the coal shed of the convent, he discovers a teenaged girl abandoned in the corner of the tiny, filthy room. She is in deep distress and Bill responds instinctively, wrapping his coat around her shoulders and bringing her inside to the convent.

While the existence of Magdalene Laundries and Mother and Baby Homes were not a secret in twentieth century Ireland, the exact details of their operations were not widely understood. With these two encounters, so close together, and his own personal biography as the son of a woman who was subject to exactly the same marginalising dynamics, Bill can no longer be satisfied to turn a blind eye to the oppression and alienation endured by those sent for reformation.

It evokes the ways in which all such systems of oppression are socially constructed and maintained. Otherwise, good people learn to look the other way.

The film gathers momentum as Bill is forced to confront the way his mother had been treated for “falling pregnant” and the reality experienced by girls the same age as his daughters who were in a similar situation. In the midst of his existential angst, he finds little solace in the no-nonsense pragmatism of his wife who reminds him “there are things you have to ignore” to get on in life. He is taken aside by his local publican, a woman who has similarly scrabbled up from humble origins to establish a thriving business and cautioned to not make trouble for the nuns since “their fingers are in every pie in the town”.

I will refrain from fully revealing every detail of the film’s plot. But this element of the screenplay – where Claire Keegan along with Enda Walsh – draw out the sense in which the oppressive ecclesial institutions were enabled and even sanctioned by the wider population is exceptionally well done. The film does not pull any punches on the evils that were committed in the name of churches in Ireland. Indeed, if anything, the presentation of the nuns veers too far towards caricatures of pure malevolence. But with surgical precision, it evokes the ways in which all such systems of oppression are socially constructed and maintained. Otherwise, good people learn to look the other way.

And that is the lasting significance of this film. Toni Morrison has spoken about how it can seem harder to write about goodness than evil. “Evil has a blockbuster audience; goodness lurks backstage.” In Small Things Like This, Claire Keegan introduces us to a hardworking small business owner who treats his staff well, a loving father who seeks to care for his wife, a man who lives down a back street of a provincial town in an overlooked part of a small island on the periphery of Europe. And in this very definitively backstage context, he is presented as heroic in his pursuit of the Good.

We all fancy ourselves to be the one person who would stand up and oppose systems of oppression if we ever found ourselves enmeshed in them. Cillian Murphy’s depiction of Bill Furlong whispers to us that we likely are enmeshed in just that way and are choosing not to notice. Small Things Like These is a heavy film that somehow liberates. It reminds us that there is, within each of us, this appetite for seeing the Good and bring brave enough to do it. It is worth your time far more than any competing blockbuster.