final paper attachment
Whistle-Blowing and Morality Mathieu Bouville
ABSTRACT. Whistle-blowing is generally considered
from the viewpoint of professional morality. Morality
rejects the idea of choice and the interests of the profes-
sional as immoral. Yet the dreadful retaliations against the
messengers of the truth make it necessary for morality to
leave a way out of whistle-blowing. This is why it forges
rights (sometimes called duties) to trump the duty to the
public prescribed by professional codes. This serves to hide
the obvious fact that whether to blow the whistle is indeed
a choice, not a matter of objective duty. One should also
notice that if it fails to achieve anything then blowing the
whistle was the wrong decision (or maybe the right deci-
sion that nobody would want to make). There is never-
theless a tendency to judge it based on the motivation of the
whistle blower. In a way, whistle blowers should strive to
act like saints. Yet, it is logically impossible to hold both
whistle-blowing as mandatory and whistle-blowers as
heroes or saints. Moreover, this tends to value the great
deeds of a few over the lives of the many, which is
incompatible with the basic assumptions of morality. But
consistency is not a main feature of professional morality.
KEY WORDS: business ethics, code of ethics, duty,
engineering ethics, moral luck, moral obligation
Introduction
Whistle-blowing is the act, for an employee (or
former employee), of disclosing what he believes to
be unethical or illegal behavior to higher manage-
ment (internal whistle-blowing) or to an external
authority or the public (external whistle-blowing).
Its status is debated: as Rothschild and Miethe
(1999) note, ‘‘some see [whistle blowers] as trai-
torous violators of organizational loyalty norms;
others see them as heroic defenders of values
considered to be more important than company
loyalty (e.g., the public health, truth-in-advertising,
environmental respect).’’ Since ‘‘those who raise
ethical issues are treated as disturbed or morally
suspect’’ (Alford, 2007), Near and Miceli (1996) ask
‘‘are whistle blowers really crackpots?’’. On the
other hand, to Rothschild and Miethe (1999),
whistle-blowing is a ‘‘new form of worker resis-
tance’’ relevant to the ‘‘unending battle between
labor and management to control the workplace.’’
Grant (2002) calls whistle blowers ‘‘saints of secular
culture.’’ Edward Morgan Forster famously said ‘‘If
I had to choose between betraying my country and
betraying my friend, I hope I should have the guts
to betray my country;’’ It seems that whistle-
blowing is the choice between betraying one’s
company and one’s humanity.
In order to study whistle-blowing from an ethics
viewpoint, one obviously needs to know what is
meant by ‘ethics.’ Some treat ‘ethics’ and ‘morality’
as synonymous. Others consider morality as a special
form of ethics:
the word ‘morality’ has by now taken on a more
distinctive content, and I am going to suggest that
morality should be understood as a particular devel-
opment of the ethical, one that has a special signifi-
cance in modern Western culture. It peculiarly
emphasizes certain ethical notions rather than others,
developing in particular a certain notion of obligation,
and it has some peculiar presuppositions. In view of
these features it is also, I believe, something we should
treat with a special skepticism. (Williams, 1985, p. 6)
Whereas ‘‘ethical life itself is important, but it can
see that things other than itself are important’’
(Williams, 1985, p. 184), morality tends to claim
control over everything. To Nietzsche (1888),
‘‘morality is the best of all devices for leading
mankind by the nose.’’ I shall follow Williams in
using ‘ethics’ broadly and ‘morality’ narrowly and I
shall ask, taking whistle-blowing as an example, to
what extent professional ethics is in fact professional
morality.
Journal of Business Ethics (2008) 81:579–585 � Springer 2007 DOI 10.1007/s10551-007-9529-7
Whistle-blowing and codes of morality
In the case of engineering, authors typically
mention that the first canon of the code of the
National Society of Professional Engineering (duty
to the public) should trump the fourth canon
(duty to the employer): ‘‘the health, safety, and
welfare of the public are to be placed first’’ (Harris
et al., 2005, p. 183). (I shall take it for granted
that human lives are indeed more important than
obedience – especially to people who feel other-
wise.) Consequently, whistle-blowing is manda-
tory: ‘‘it is permissible to whistleblow when the
following conditions have been met. Under these
conditions there is also an obligation to whistle-
blow’’ (Martin and Schinzinger, 2005, p. 174).
A dreadful obligation
Alford (2007) notes that ‘‘theirs is an act of
considerable consequence, especially when one
considers that among fired whistle blowers, most
will lose their homes and ultimately, their mar-
riages;’’ Rothschild and Miethe (1999) indeed found
that over half the whistle blowers they interviewed
had family problems. That Gunsalus (1998) wrote
an article entitled ‘‘How to blow the whistle and
still have a career afterwards’’ is significant. Roths-
child and Miethe found that two-thirds of whistle
blowers ‘‘lost their job or were forced to retire’’ and
‘‘were blacklisted from getting another job in their
field.’’ Consequently, two-thirds of them also had
severe financial problems. They also found that 84%
suffered from ‘‘severe depression or anxiety’’ and
over two-thirds of them also had ‘‘declining physical
health.’’ A whistle blower mentioned by Oliver
(2003) ‘‘estimates that his legal costs have exceeded
$130,000.’’ Alford (2007) sees suffering as an essen-
tial part of whistle-blowing: ‘‘the whistle blower is
defined by the retaliation he or she receives. No
retaliation, and the whistle blower is just a respon-
sible employee doing her job to protect the com-
pany’s interest.’’ If ‘‘often the protest is most
effective if one has already resigned from the orga-
nization’’ (Harris et al., 2005, p. 206) then one can
only choose between a total self-sacrifice and a
partial and pointless self-sacrifice.
How can one make any of this mandatory? 1
Duality of engineering ethics
Engineering ethics classes and textbooks are based on
case studies asking ‘what should an engineer do in
this situation?’. Since ‘‘technological, scientific,
humanistic, and social issues are all mixed together’’
(Williams, 2003), the answer typically mixes the
ethical and the non-ethical: engineering ethics is
then the finding of a creative solution incorporating
concerns of many kinds.
On the other hand, codes of conduct are
morality – ‘‘many of the standard provisions of
engineering codes are simply specific applications of
common morality to the engineering profession’’
(Harris et al., 2005, p. 52). Codes are obligations,
duties. They require a very sharp distinction be-
tween the ethical and the non-ethical. There are
two separate questions: ‘what should a professional
do, from an ethical point of view?’ (i.e., ‘what are
his duties?’) and ‘what should a professional do,
from a non-ethical point of view?’ (e.g., technical
concerns). The first question is supposed to trump
the second. The whole issue of whistle-blowing is
then framed in terms of obligations (or absence
thereof ).
Morality and the self
The following three statements are obviously true,
but their relative importance is debated.
(1) I exist.
(2) Others exist.
(3) I am not someone else.
Morality stresses 2 (e.g., duty to the population) and
undermines 1 and 3 as much as possible. For
instance, Harris et al. (2005) take self-interest as one
of the ‘‘impediments to responsible action’’ (p. 37).
Rejection of 3 is obvious in the universalization at
the core of Kant’s categorical imperative and in the
utilitarian view that my welfare is on a par with that
of others – ‘‘utilitarianism does not take seriously the
distinction between persons’’ (Rawls, 1971, p. 24).
In other words, the fact that it is me and not
someone else we are talking about should not be
brought into the picture (or rather should be taken
out of the picture): ‘‘there is a tendency to associate
580 Mathieu Bouville
professionalism with setting aside personal values in
order to be objective and to meet shared standards of
the profession’’ (Martin, 2002).
Codes embody this view: they pile up duties for
professionals without acknowledging that profes-
sionals are individuals, rather than mere vectors for
duty. It is then clear that the question of whistle-
blowing is just a matter of comparing duty toward
the public to duty toward the employer. But this
view relies on a bias in favor of alienation: it assumes
that I do not exist, that I do not count, or that I am
someone else. So the employee must account for the
interests of the public and of the company only –
thinking of oneself is selfish, i.e., wrong. ‘‘In any
deliberative contest between a moral obligation and
some other consideration, the moral obligation will
always win out, according to the morality system.’’
(Chappell, 2006). For instance, Fleddermann (1999)
never mentions possible harm to the employee: to
him whistle-blowing is determined wholly on
external criteria. Likewise, to DeGeorge (2005) the
difference between possible and mandatory whistle-
blowing is independent of the employee. The
whistle blower is part of the implementation, not
part of the decision. 2
One may decide to reject codes of morality so that
whistle-blowing is optional. But this is difficult since
‘‘the fact that a given agent would prefer not to be in
[the morality] system or bound by its rules will not
excuse him’’ (Williams, 1985, p. 177). Alternatively,
one may abide by the ‘‘mandatory requirements
expressed in codes of ethics’’ (Martin, 2002) and make
whistle-blowing a moral obligation. A third option is
to change the meaning of ‘obligation’ so that whistle-
blowing is a moral obligation without being obliga-
tory. We will now examine this paradoxical view.
Freedom by means of obligation
Armchair heroes
‘‘Blame is the characteristic reaction of the morality
system’’ (Williams, 1985, p. 177). But if one wishes
to blame as immoral an employee who remained
silent instead of alerting the public on a potential
danger one must first make sure that one would have
acted differently. (It is always easier to be a hero in
an armchair than on the battlefield.) Of course, this
may be difficult, even if it is attempted in good faith.
Let us try to simulate whistle-blowing in order to
have some idea of the kind of heroes we are.
Sell your house, your cars, and all your other
belongings; then send the money to starving Afri-
cans. You will thus lose everything and save more
lives than any whistle blower ever saved. Everyone
can do this (there is no need to be in a special place
at a special time as in the case of whistle-blowing),
yet nobody actually does this. I do not and neither
do you. We must then acknowledge that if we have
to choose between our little problems and the lives
of others, we choose ourselves. Claiming that those
who can save lives have an obligation to do so, even
at a great personal cost, is a lie: it is setting for others
a rule that we do not follow ourselves.
Duty manufacturing
But wait, my case is different: I have a reason not to
do any of this, I have overriding duties. ‘‘The
obligation [to whistleblow] is prima facie and in
some situations can be overridden by other moral
considerations’’ (Martin and Schinzinger, 2005,
p. 174). In other words, whistle-blowing is always
mandatory except when it is not. Thanks to this
concept of non-obligatory obligation, one can say
that there is a moral obligation without acting upon
it – all the moral superiority, none of the adverse
consequences. In order to make the whistle-blowing
obligation optional, one must first generate such
overriding moral considerations.
One cannot say ‘I do not want to sacrifice my
career’ to cancel the moral obligation of whistle-
blowing: ‘‘obligations have a moral stringency,
which means that breaking them attracts blame. The
only thing that can be counted on to cancel this,
within the economy of morality, is that the rival
action should represent another and more stringent
obligation’’ (Williams, 1985, p. 180). For instance,
one may say that ‘‘personal obligations to family, as
well as rights to pursue one’s career, militate against
whistleblowing’’ (Martin and Schinzinger, 2005, p.
175). In other words, instead of saying ‘I do not
want to sacrifice my career’ one says ‘I have a duty
(e.g., to my family) not to sacrifice my career.’
Paradoxically, one’s freedom comes from limiting
one’s freedom.
Whistle-Blowing and Morality 581
This is plainly bad faith: this trick aims at
making my personal interests look like a duty.
Somehow this highly contrived and intellectually
dishonest procedure seems more acceptable than
saying ‘I do not want to sacrifice my career.’
As Williams (1985) points out, ‘‘it is a mistake
of morality to try to make everything into
obligations’’ (p. 180).
To Martin and Schinzinger (2005), whistle-
blowing is mandatory but ‘‘may become super-
erogatory – more than one’s basic moral obligations’’
if the consequences would be too harsh (p. 175).
This concept of ‘mandatory but supererogatory’ is –
from a logical viewpoint – worse that ‘separate but
equal’ (and of no use to someone looking for
guidance in good faith).
The whistle-blower is condemned to be free
While this is actually a decision (I decide to invoke this
or that ‘duty’ and I decide that it trumps my duty to the
population), it is presented as an objective external duty,
which I cannot override. If I acknowledged that this is
really a decision of mine I could not hide under the
sheets and pretend that I am obeying some external rule:
I would have to make a decision explicitly, and as a
corollary I would have to accept the consequences:
‘‘man is condemned to be free; because once thrown
into the world, he is responsible for everything he does’’
(Sartre, 1943). Morality is the business of forging rights
(to a career) and duties (to one’s family), concealing
(from oneself?) 3
that one is actually making decisions.
Authors tend to look for ways to avoid whistle-
blowing, i.e., for policies that would make it
unnecessary. This is both necessary and pointless.
Necessary because whistle-blowing is not a satis-
factory solution. Pointless because when one faces a
choice, ‘it would be better if I did not have to make
such a choice’ is no answer. Likewise, discussions of
whistle-blowing often focus on a whole procedure,
of which whistle-blowing is only the last step, e.g.,
Harris et al. (2005), Martin and Schinzinger (2005).
But this bureaucratic approach does little to help
one make a choice. If everything else fails, the
question of whether to speak up (i.e., the need to
make a decision) remains, untouched by the whole
process.
Morality abhors a vacuum
One may retort that the concept of prima facie
duty (i.e., a duty that can be overridden at will)
may have weaknesses but is nevertheless better
than no concept at all, i.e., better than saying
that this is a pure decision for which one can-
not rely on any rule.
Imagine that an unknown disease kills a large
fraction of the population of a village untouched
by civilization (be it deep in Amazonia or in
medieval Europe). Some may make up an expla-
nation for the epidemic (e.g., divine wrath) while
others will acknowledge that they do not know.
Should one back the liars and the deluded or
should one side with the ones who can actually
solve the problem? (Indeed, a necessary condition
for finding the solution is awareness that one does
not already have it.) While this by no means
shows that the absence of answer is intrinsically
superior, it brings back to the fore the actual
criterion: truth. An answer is better than none
only if it is true, otherwise it is a source of
potentially damaging delusion.
And in fact optional obligations do not concretely
answer the question either: as I already pointed out,
they allow one to decide whether to invoke over-
riding duties. Facultative obligations only provide a
hollow and cumbersome framework to hide under
the sheets. It does not actually fill the vacuum, it just
hides it.
When is whistle-blowing worthy?
Moral luck
Overall, it became increasingly clear through the
interviews that whistle blowers are in the ultimate
no-win situation. By speaking out they face the wrath
of managers for being a squealer, but inaction makes
them potentially culpable and/or easy scapegoats when
and if the misconduct is discovered. In this sense, many
whistle blowers can be characterized as reluctant
dissenters, moved neither by altruistic nor selfish
concerns, but rather by a tide of events over which
they feel they have little control. (Rothschild and
Miethe, 1999)
582 Mathieu Bouville
What is the difference between someone who knew
of wrongdoing and said nothing and someone who
did not know of the wrongdoing but who would
not have said anything either had he known? The
difference is circumstances: one had to make a
decision and the other did not have to. Had the
circumstances been identical, they would have acted
identically. But the circumstances are independent of
them, so that praise and blame depend partly on
chance (Nagel, 1979; Williams, 1981).
The collapse of the Quebec Bridge in 1907 was
due to the ‘‘selection of a design concept beyond
the technically proven range’’ (Roddis, 1993). The
only reason why the engineer can be blamed for
this daring design is that it failed. Christopher
Columbus sailing toward the possibility of a con-
tinent was far more foolhardy. ‘‘The only thing that
will justify his choice is success itself’’ (Williams,
1981, p. 23). The difference between Columbus
and the civil engineer is that the latter failed. Blame
and praise depend in part on the consequences of
our decisions, even though we have no control
over them.
The right decision that nobody wants to make
If a whistle blower succeeds both in having the
release of a potentially dangerous product postponed
and in keeping his job, then he did make the right
decision. Even if the product is released anyway and
he loses his job, some will still say that he made the
right decision. One of them is Kant (1785), who
famously wrote
Even if, by a special disfavor of fortune or by the
niggardly provision of a step motherly nature, this
[good] will should wholly lack the capacity to carry
out its purpose [...] then, like a jewel, it would still
shine by itself, as something that has its full worth in
itself.
But nobody would want to make this kind of right
decision. Everybody would want to be a hero but
nobody wants to be a martyr. 4
When someone
successfully prevents a catastrophe, we may call him
a hero and envy him (even be resentful: ‘he did not
do much to deserve this, I would have done just the
same.’) On the other hand, we do not envy an
employee who lost his job for blowing the whistle
on a product that turned out to be perfectly safe.
Instead, we pity him. Pity is paradoxical because it
requires that the employee did something right 5
(otherwise we would blame not pity) and that we do
not want to be in such a situation, otherwise we
would envy not pity. Even if in theory one might
consider that the unlucky whistle blower made the
right decision, in practice one would not want to
make this kind of right decision.
Immaculate whistle-blowing
When one takes motives to be more important than
outcomes, one concludes that what is important is
not the public but purity of heart: ‘‘whistle-blowing
is an activity that should only be entered into with
pure motives’’ (Oliver, 2003), ‘‘it is acceptable to
blow the whistle to protect the public interest, but
not to exact revenge upon fellow employees,
supervisors, or your company’’ (Fleddermann, 1999,
p. 90).
But if someone saves my life out of revenge or
greed, should I not say ‘thank you’ rather than ‘this
was wrong, never do it again’? While one may argue
that saving my life for the ‘right’ reasons is better
than saving my life for ‘wrong’ reasons, it is quite
obvious that saving me is better than not doing so.
Making the right decision for the wrong reasons is
still making the right decision (Carson et al. (in
press) argue similarly). As Mandeville (1997) pointed
out, greed and other flaws of character may give
better results than virtue. What to think of someone
who reflects ‘what I am about to do is wrong
because I would save lives for the wrong reasons’
and decides not to act? Should such a twisted
morality be praised?
Rewards are such an issue. For example, to Grant
(2002), ‘‘any indication that reward was anticipated,
or in any way entered into the decision to blow the
whistle, compromises the ethical quality of the act
itself’’ so that these would not be ‘‘genuine
instances’’ of whistle-blowing. Can one reject the
idea of rewards, even if they increase the probability
that lives will be saved (by motivating potential
whistle blowers)? This kind of morality has the
peculiar consequence of favoring the great deeds of a
few over the lives of the many. At what exact point
did the proponents of morality turn Nietzschean?
Whistle-Blowing and Morality 583
Issues with heroism
The purity of their motives and the hazards they faced
leads to the construal of whistle blowers as heroes or as
‘‘saints of secular culture’’ (Grant, 2002). (Would they
qualify as Übermenschen?) To Alford (2007), ‘‘ ‘The
little man who stood up against the big corporation
and won’ is a type of folk hero.’’ But one cannot be a
hero just by doing one’s duty: if whistle-blowing is a
moral obligation then whistle blowers cannot be
heroes. The source of this error is easy to track: in
order to incite people to report unethical activities –
e.g., Near (1989) wrote an article entitled ‘‘Whistle-
blowing: Encourage it!’’–, one makes whistle blowers
heroes and whistle-blowing a moral obligation. These
two tactics are logically incompatible: since a hero
necessarily goes beyond the call of duty, when one
extends moral obligation nearly to infinity it is
impossible to do more than what one has to do.
Morality leaves no place for praise, only blame can
exist when duties are infinite.
On the other hand, if whistle-blowing is
‘‘supererogatory’’ (Bowie and Duska, 1990; Martin,
2002) or ‘‘represents an extreme that defies the
reasonable expectation of the most prominent
versions of ethics’’ (Grant, 2002), there is room for
‘‘saints.’’ Yet, Grant seems to value this adversity
because it creates ‘‘saints of secular culture,’’
thereby making this culture less secular. This view
is similar to the common reply to the so-called
problem of evil where the existence of evil is
deemed good because it leads to certain goods (e.g.,
there can be no forgiveness without a prior mis-
deed): losing one’s job, career, house, family, etc. is
good because there can be no saint without it.
Naturally, there is no need to value evil to consider
whistle blowers as praiseworthy, one needs only
recognize a limit to obligations. Yet, the bigger the
risk, the rarer the whistle blower, and thus the
more praiseworthy.
Conclusion
Professional ethics is in fact professional morality. In
particular, it leaves no room for choice or the
interests of the professional. Yet the dreadful retali-
ations against the messengers of the truth make it
necessary to bring the needs of the whistle blower
back into the picture. To conciliate the necessary
public acknowledgment that whistle-blowing is a
moral obligation and the deeper interests of the
professional, morality forges rights (which it calls
duties) that trump the obligations prescribed by
codes (e.g., to the public). Morality tries to thereby
hide the obvious fact that the choice of speaking up
or remaining silent is indeed a choice, not something
decided externally: if the employee somehow has a
duty not to blow the whistle then he cannot be
blamed. Yet, accounting for the interests of the
individual directly and calling a decision a decision
would be more honest than manufacturing ad hoc
rights and duties.
One should also notice that whether whistle-
blowing is the right decision depends to a great
extent on its outcome: if it fails to achieve anything
then blowing the whistle was the wrong decision
(some would maintain that is was the right decision
but it is far from clear that they would want to make
such a right decision themselves). Yet there is a
tendency to judge it based on the motivation of the
whistle blower – saving lives is wrong if one’s heart
in not pure. Whistle-blowing is then seen as essen-
tially self-sacrifice. In a way, whistle blowers should
strive to act like saints. Yet, being a hero or a saint
requires to do more than one’s duty, which is
impossible if whistle-blowing is mandatory: heroism
and moral obligation are logically incompatible.
Moreover, there cannot be saints who act out of
impure motives, so that rewarding whistle-blowing
would taint motives and bring the saints down from
their pedestals. But this means that the great deeds of
a few are more valuable than the lives of the many
(who may be saved by more wide-spread whistle-
blowing). Morality leading to Nietzsche.
In the context of morality, what is deemed right
or wrong depends on how the question is framed.
For instance it depends on whether we are talking
about me or someone else: I am more likely to in-
voke duty to my family than to grant others such a
right. One can also praise deeds as moral but be
unwilling to perform them oneself. There is a ten-
dency to construe whistle-blowing as mandatory and
whistle blowers as heroes, even though these are
logically incompatible. And the rejection of rewards
as tainting motives is incompatible with the basic
assumptions of morality. Consistency is not a main
feature of professional morality.
584 Mathieu Bouville
Notes
1 Codes that make whistle-blowing mandatory are like
generals that send soldiers get killed: the one giving the
order does not suffer any adverse consequences. Telling
others to sacrifice themselves is no sacrifice. 2
One can notice that, put in Kantian terms, this sig-
nifies that whistle blowers are a means not an end. 3
Nietzsche pointed out that ‘‘the most common lie is
that which one lies to himself; lying to others is rela-
tively an exception.’’ 4
Even though it does have advantages: as Schopen-
hauer noted, ‘‘martyrdom is the only way a man can
become famous without ability.’’ Of course, nowadays
reality TV offers an alternative. 5
Actually, it only requires that the employee did some-
thing one may have done as well in such a situation.
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Institute of Materials Research and Engineering,
3 Research Link, Singapore, 117602, Singapore
E-mail: [email protected]
Institute of High Performance Computing,
1 Science Park Road, Singapore, 117528, Singapore
Whistle-Blowing and Morality 585