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.

Explainer

Belief

Creed

Easter

2 April 2024

5 min read

What have Easter bunnies to do with the resurrection?

As we emerge from the Easter weekend, Graham Tomlin unpacks why Easter is more than an illustration of new life.

Graham Tomlin

Graham is the Director of the Centre for Cultural Witness and a former Bishop of Kensington.

the first signs of Spring breaking through

Bunnies, chocolate eggs, crocuses. It’s that time of year again. The dark bleakness of winter is giving way to life and colour as the soil warms. We finally feel sun on the skin, wake up to early dawns and longer days.

Across the world, festivals celebrate the coming of Spring. The Qingming Festival is a traditional Chinese carnival, also known as Tomb-Sweeping Day, observed by ethnic Chinese people across the world as a celebration of the new season. In the festival of Holi, Hindus across the world douse each other in brightly coloured powder or water, as a celebration of burgeoning love, and a prayer for a good harvest from the new growth in the land. The turning of the year, bringing new life, seems one of the most elemental forces in the universe.

In 1890, the Scottish anthropologist James Frazer published a book that was to become famous: The Golden Bough. It was one of the first works of comparative religion in an age which was gradually becoming more knowledgeable about the religions of the world. In it, he identified a motif in many of the world’s religions: the concept of a dying-and-rising god. He saw the pattern repeated in fertility rites connected to the annual renewal of nature from the ‘death’ of winter. Gods like Osiris, Tammuz, Adonis and Attis, Dionysus - and Jesus - were examples of the same pattern.

The turning of the year, bringing new life, seems to be one of the most elemental forces in the universe.

These days, you often hear a similar version of this account. Christianity, we are told, is another form of the same story found in so many religions. Christians just took over and erased the earlier annual celebrations with their own version. Christmas was just a replacement for Yule, the ancient pagan winter festival. Easter recalls Eostre, a spring goddess from western Germanic lands, whose festival took place in April, connected to the spring equinox.

Today, we have lambs, daffodils, young rabbits and eggs. All of them emerge at this time of year and are, for us, signs of the rebirth of nature. It always seems miraculous, that from the deadness of winter, life is reborn. No wonder the ancient pagans, and religions all over the world, for that matter, found ways to celebrate new life, and to endue this season with mythical wonder.

It was tempting for James Frazer to bracket Jesus as just another of these myths of the death and rebirth of nature, the dying and rising god. Bunnies, eggs, Osiris and Jesus were all symbols, pointing to the same thing – the annually repeated miracle of new life in the Spring.

Yet this misses the point of what the early Christians said about the Resurrection. St Paul wrote: “Christ has indeed been raised from the dead, the firstfruits of those who have fallen asleep.” His point was precisely not that this event was another illustration of the annual renewal of nature, the cycle of death & rebirth. It was something new altogether. It was the once and for all breaking of the cycle, spelling the end of death and its repeated power over us. Christ breaks through the dark wall of death so that millions of other can follow him through the breach into the light beyond it.

It was not another annual temporary suspension of the inevitability of death, it was the breaking of the power of death once and for all, pointing to its final defeat one day.

The Resurrection of Jesus was the ‘firstfruits’, like the very first crocus of spring, the first apple on the tree. It was like a man breaking the four minute mile, a human being walking on the moon. A barrier had been broken that had always seemed impregnable and nothing would ever be the same again. It was the beginning of an entirely new creation that will one day come into fullness. It was not another annual temporary suspension of the inevitability of death, it was the breaking of the power of death once and for all, pointing to its final defeat one day. The endless cycle of rebirth is suddenly folded out into a linear trajectory, pointing forward to the day when all shall be made new.

CS Lewis attributed his conversion at least in part to a conversation with JRR Tolkien which persuaded him that the story of Jesus – his incarnation, descent into death and resurrection to new life - was not just another example of the ancient myth of the renewal of the world, but was the thing towards which all the myths pointed – it was, as he called it in a famous essay, ‘myth become fact’. It’s worth quoting him to get the point:

Christianity is a myth which is also a fact. The old myth of the Dying God, without ceasing to be myth, comes down from the heaven of legend and imagination to the earth of history. It happens—at a particular date, in a particular place, followed by definable historical consequences. We pass from a Balder or an Osiris, dying nobody knows when or where, to a historical Person crucified (it is all in order) under Pontius Pilate.

Of course, there will be echoes of resurrection in the other faiths of the world. Of course there will be pagan figures who look like Christ. Rabbits and eggs are to be enjoyed not frowned on as they point to the one great miracle. They are to be welcomed, not disowned. Lewis’ point is that the Resurrection is both myth and fact – myth become fact. The Resurrection doesn’t just point to the rebirth of the world. It is the rebirth of the world.

Now of course, Christians can’t prove it. They can, to be sure, point to evidence that the tomb was empty, that the profound, world-shattering effect on the disciples and even the rest of human history can only be explained by something truly extraordinary. But you can’t prove an event that by its very nature breaks the normal cycle of cause and event, death and rebirth, proof and disproof. You can only believe it and then re-build your whole view of the world around it. As theologian Lesslie Newbigin put it:

“At the heart of the Christian message was a new fact: God had acted in a way that, if believed, must henceforth determine all our ways of thinking. It could not merely fit into existing ways of understanding the world without fundamentally changing them. It provided a new arche, a new starting point for all human understanding of the world. It could not form part of any worldview except one of which it was the basis.”

So, no, we can’t prove it. But we can at least do the early Christians the justice of acknowledging what they were saying and what they weren’t.

Because this is the central Christian claim – that the Resurrection is not a metaphor for something else – for the rebirth of nature in the spring, or for the fertility of nature. In fact, it’s the other way round. The rebirth of nature is a metaphor for the Resurrection. The Resurrection of Jesus is not an illustration of something else. It is the one thing of which everything else is an illustration. In the light of the Resurrection, the renewal of nature in spring is not yet another round in the endlessly repeated cycle of death, rebirth and death again, but it points forward to the day when “the trumpet will sound, the dead will be raised imperishable, and we will all be changed.”