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

Church and state

Creed

Politics

8 February 2024

6 min read

The Church and the State need to disagree on asylum seekers

Politicians don’t always get how church and state relate, but both have a vital and different role to play when it comes to immigration. Graham Tomlin explores the age-old tensions between clerics and politicians

Graham Tomlin

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

A woman dressed in a blue suit sits at a table talking and gesticulating with her hands.

Then Home Secretary Suella Braverman, answer to a parliamentary committee, December 2022.

House of Lords, CC BY 2.0, via Wikimedia Commons.

As we all know, Suella Braverman thinks the church is aiding and abetting bogus asylum seekers. The case of the Afghan migrant Abdul Ezedi, who carried out an acid attack on a woman and her children and reports that residents of the Bibby Stockholm barge were attending churches nearby has added fuel to the former Home Secretary’s charge that churches are naively supporting the asylum claims of immigrants to the UK. Everyone on the right of British politics seems to have weighed in to the issue, from Nigel Farage to Priti Patel, Robert Jenrick to Melanie Phillips. Now, even the left has joined in. Keir Starmer has indicated he would close loopholes for those who falsely claim conversion if he becomes Prime Minister (quite how he will do that is not explained).

I feel personally invested in this story. When I take confirmation services as a bishop, quite regularly these days, among the list of candidates, there will be Iranian or Syrian refugees who have apparently become Christians, waiting in line among the 12-year old schoolkids, the new parents who want spiritual help in bringing up their children and the elderly man approaching death who realises he needs do something he’s been putting off for years.

I have confirmed several Iranian refugees. I can’t look into their heart, or even my own to guarantee all of them were genuine converts. Yet I have seen their desperation to escape an oppressive regime, and although some may have started out coming to church to improve their chances of asylum, in the process some of them at least, have found, to their surprise, real faith. Several that I know have gone on towards ordination in the Anglican Church. If that is a ploy to get past the immigration system, it does seem to be taking things a bit far.

It’s hard not to think the attack on the church is some kind of retaliation for the bishops’ opposition to the government’s Rwanda scheme. But underneath this argument there are deeper issues at play.

The wrath of God is more severe than the wrath of Suella. And the generosity of God is wider than the Home Office.

This dispute is in reality another outbreak of the age-old tension between the Church and Caesar. In the early years of the church, Roman emperors never really understood Christianity and thought they could use it for the purposes of the Roman Empire just like they were used to doing with the pagan cults.

Yet the Christians had other ideas and higher loyalties. As Augustine put it, the loyalty of the church is ultimately to the City of God rather than the earthly city. And in time, they developed a careful understanding of the way the church related to the state.

So when it comes to immigration, the church will always take a different approach from the state. St Paul, in the very early years of the Christian Church, wrote: “Welcome one another, therefore, just as Christ has welcomed you.” In the very foundations of the Christian faith was this idea that even though we humans were moral and spiritual vagabonds, God has extended us a welcome into his presence. So woe betide any Christian who failed to welcome others into their fellowship if they wanted to join.

If the Christian life was a matter of imitating and displaying God's ways in the ordinary business of life, then hospitality became one of the core Christian virtues. As one early Christian writer put it: "Do not neglect to show hospitality to strangers, for by doing that some have entertained angels without knowing it." To risk offending an angel - a messenger of God – was a bad idea. The wrath of God is more severe than the wrath of Suella. And the generosity of God is wider than the Home Office.

Now of course such hospitality could be abused. The New Testament also has warnings about naively welcoming scoundrels who speak falsehood and lies: "Do not receive into the house or welcome anyone who comes to you... for to welcome is to participate in the evil deeds of such a person." So, the early Christians were told to be on the lookout for fakes, just like clergy today. Walk down a street with a dog collar and you are a magnet for people telling you that they have lost their wallet and could you give them the train fare to visit their dying mother in Newcastle. With their doctrines of sin and the deceitfulness of the human heart, vicars should know more than most that not every claim to charity is genuine. Yet that dose of realism always took place in the context of a presumption to welcome. To think the best of people not the worst. To give people the benefit of the doubt.

The state on the other hand has a different role. Later political theology developed more nuanced ways of putting it, but it goes back to St Paul’s claim that civil authorities are “God’s servants, agents of wrath to bring punishment on the wrongdoer.” It is their job to be suspicious, to investigate fully, to winkle out fake claims and to set proper limits, while tempering justice with mercy and be willing to welcome the genuine person in need. And wisdom is found in the tension between the two. It was always a mistake for the church to act like the state, being overly suspicious and critical. It was equally a mistake for the state to act like the church, being overly optimistic about all claims to asylum or innocence.

So, when asylum seekers turn up at church asking to be baptised, the local vicar should not act like an agent of the state, assuming they are all bogus, just wanting to fiddle the system. She must act out of loyalty to her faith which tells her to welcome the stranger. The immigration officer on the other hand, whether he happens to be Christian or not, has to play it differently. Of course, there needs to be proper scrutiny of people's application for asylum - that's why we have an immigration system and quite right too. But vicars are not immigration officers. Their job is not start out by doubting motives but to act out the welcome of God, even if it draws the ire of the Daily Telegraph. This is the way that church and state should work together, one reminding the other of the Kingdom of God - a whole different way of life where welcome and grace takes centre stage. The other, conscious of the human tendency to deceive, being rightly cautious.

Suella's problem is, at root, a theological one. She hasn't understood the way Christian faith works. She hasn't understood the relationship between the church and the state. And let's be honest, sometimes in the past, the Church has tried to play the role of the state as well, which is equally a mistake. There is an inevitable tension in this relationship, where sometimes the church will believe the state is being too harsh, or the state will believe the church is being too soft, as we have seen in recent times. But it's one of those creative tensions where each side needs the other.

Perhaps in other, wiser ages, we understood this delicate balance between church and state, and the careful work that went into defining their relationship. Maybe it's time to recognise the role that each plays, not just for the sake of a healthy social life, but for the sake of those people who come to our shores desperately seeking a new life – whether with good motives or bad.