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Recent years have seen a number of whistleblowers risk their liberty to expose illegal and corrupt behaviour. Some have heralded their bravery; others see them as traitors. Can there be a moral duty to emulate their example and blow the whistle? In this book, leading political philosophers Emanuela Ceva and Michele Bocchiola draw on well-known cases, such as those of Edward Snowden and Chelsea Manning, to probe the difference between permissible and dutiful whistleblowing. They argue that, insofar as whistleblowing is understood as an individual act of dissent, it falls short of constituting a duty, although it can be praiseworthy. Whistleblowing should, they contend, be seen as an institutional duty, embedded within the organizational practices of public accountability. This concise book will be invaluable for students and scholars of applied political theory, and political and professional ethics.
Following the enormous political, legal, and media interest that has surrounded high profile cases of whistleblowing, such as Chelsea Manning and Edward Snowden, the fundamental ethical questions surrounding whistleblowing have often been obscured. In this fascinating book Eric Boot examines the ethical issues at stake in whistleblowing. Can the disclosure of classified government documents ever be justified? If so, how? Why does it require justification in the first place? Can there ever be a duty to blow the whistle? When is breaking the law justified? On a more practical level, this book also considers the various whistleblower protection documents and finds them often lacking in consistency and clarity, before providing an argument for a plausible "public interest" defense for whistleblowers.
UPDATED IN MARCH 2013 to include the historic $104-million Bradley Birkenfeld whistleblower case and more! From the nation’s leading whistleblower attorney, comes the third edition of the first-ever consumer guide to whistleblowing. In The Whistleblower’s Handbook, Stephen Martin Kohn explains nearly all federal and state laws regarding whistleblowing. In the step-by-step bulk of the book, he also presents twenty-one rules for whistleblowers.
Whistleblowing is the public disclosure of information with the purpose of revealing wrongdoings and abuses of power that harm the public interest. This book presents a comprehensive theory of whistleblowing: it defines the concept, reconstructs its origins, discusses it within the current ethical debate, and elaborates a justification of unauthorized disclosures. Its normative proposal is based on three criteria of permissibility: the communicative constraints, the intent, and the public interest conditions. The book distinguishes between two forms of whistleblowing, civic and political, showing how they apply in the contexts of corruption and government secrecy. The book articulates a conception of public interest as a claim concerning the presumptive interest of the public. It argues that public interest is defined in opposition to corporate powers and its core content identified by the rights that are all-purposive for the distribution of social benefits. A crucial part of the proposal is dedicated to the impact of security policies and government secrecy on civil liberties. It argues that unrestrained secrecy limits the epistemic entitlement of citizens to know under which conditions their rights are limited by security policies and corporate interests. When citizens are denied the right to assess when these policies are prejudicial to their freedoms, whistleblowing represents a legitimate form of political agency that safeguards the fundamental rights of citizens against the threat of unrestrained secrecy by government power. Finally, the book contributes to shifting the attention of democratic theory from the procedures of consent formation to the mechanisms that guarantee the expression of dissent. It argues that whistleblowing is a distinctive form of civil dissent that contributes to the demands of institutional transparency in constitutional democracies and explores the idea that the way institutions are responsive to dissent determines the robustness of democracy, and ultimately, its legitimacy. What place dissenters have within a society, whether they enjoy personal safety, legal protection, and safe channels for their disclosure, are hallmarks of a good democracy, and of its sense of justice.
A “brisk and interesting” exploration of exposing misconduct in America—from the Revolutionary War era to the Trump years (Jill Lepore, The New Yorker). PROSE Award winner in the Government, Policy and Politics category Misconduct by those in high places is always dangerous to reveal. Whistleblowers thus face conflicting impulses: by challenging and exposing transgressions by the powerful, they perform a vital public service—yet they always suffer for it. This episodic history brings to light how whistleblowing, an important but unrecognized cousin of civil disobedience, has held powerful elites accountable in America. Analyzing a range of whistleblowing episodes, from the corrupt Revolutionary War commodore Esek Hopkins (whose dismissal led in 1778 to the first whistleblower protection law) to Edward Snowden, to the dishonesty of Donald Trump, Allison Stanger reveals the centrality of whistleblowing to the health of American democracy. She also shows that with changing technology and increasing militarization, the exposure of misconduct has grown more difficult to do and more personally costly for those who do it—yet American freedom, especially today, depends on it. “A stunningly original, deeply insightful, and compelling analysis of the profound conflicts we have faced over whistleblowing, national security, and democracy from our nation's founding to the Age of Trump.” —Geoffrey R. Stone, award–awinning author of Perilous Times “This clear-eyed, sobering book narrates a history of whistle-blowing, from the American Revolution to Snowden to Comey, and delivers the verdict that the republic is at risk—a must read.” —Danielle Allen, award-winning author of Our Declaration
Those who speak up about poor, corrupt or unethical practice often do so at a great personal cost. This timely book explores our understanding of the ethics of whistleblowing and shows how managers and organisations can support individuals speaking out. While some professional guidelines formalize duties to speak out where there are concerns about poor or harmful practice, workplace cultures often do not encourage or support this, and individuals frequently find themselves victims of a backlash. This book looks at the social, cultural and systemic reasons that make speaking out about poor care so risky. The book looks at the ethics of whistleblowing, and why some people speak out about corrupt or harmful practice, but many do not. It offers a practical framework for creating ethically driven health and social care organizations that support and protect individuals speaking out. Whistleblowing and Ethics in Health and Social Care is essential reading for students, professionals and decision makers across health, social care and criminal justice.
Establishing a policy and building a culture that helps to protect organizations from financial wrong-doing, criminal or civil liability and permanent damage to corporate reputation has become a central theme of contemporary corporate policies towards 'whistleblowing'. This book is amongst the first to provide a detailed and full-length analysis of the meaning and various justifications of whistleblowing policies. While the legitimization of organizational whistleblowing suggests an adaptation of organizations to public opinion, this book examines the wider legitimization whistleblowing policies have been given, considering whether the establishment of 'policies' genuinely leads to the implicit institutionalization of whistleblowing itself. The book's particular focus is upon what kinds of 'whistleblowing' societies and organizations actually want, and whether policies developed as a result meet expectations.
As a young, black, MIT-educated social scientist, Marsha Coleman-Adebayo landed her dream job at the EPA, working with Al Gore, assisting post-apartheid South Africa. But when she tried to get the government to investigate allegations that a multinational corporation was responsible for the deaths of hundreds of South Africans mining vanadium—a vital strategic mineral--she found that the EPA was the first line of defense for the corporation. When the agency stonewalled, Coleman-Adebayo blew the whistle. How could she know that the agency with a hippie-like logo would use every racist and sexist trick in their playbook in retaliation? The EPA cost her her career, endangered her family, and sacrificed more lives in the vanadium mines of South Africa—but also brought about an upwelling of support from others in the federal bureaucracy who were fed up with its crushing repression. Upon prevailing in court, Coleman-Adebayo organized a grassroots struggle to bring protection to all federal employees facing discrimination and retribution from the government. The No FEAR Coalition that she organized waged a two-year-long battle with Congress over the need to protect whistleblowers—and won. This book is her harrowing story.
This book adopts a cross-jurisdictional perspective to consider contemporary corporate whistleblowing issues from an ethical theoretical perspective, regulatory perspective, and practical perspective. It includes in particular arguments in favour of and against the adoption of financial incentive schemes for whistleblowers, as well as the potential implications of adopting such schemes. This approach provides a valuable opportunity for comparison from a law reform perspective. The book brings together authors from various jurisdictions – Canada, Australia, and the USA – who, through their exposure to this area of law, be it as practitioners, regulators, or academics, offer valuable and interesting insights on the emerging and topical area of corporate whistleblowing generally, and whistleblowing rewards in particular. These three jurisdictions were selected on the basis of their reform-oriented stance on corporate whistleblowing and/or implementation of financial incentives for whistleblowing, creating an opportunity to assess contemporary regulatory structures and in particular how incentives measures could interact with corporate whistleblowing regulatory frameworks, and how they could contribute to improved governance. The reasons for the rejection of the notion of financial incentives in the United Kingdom are also reviewed, in order to provide a comparative overview. The book provides useful guidance for those who may be affected by the implementation of corporate whistleblowing schemes, including for reward, whether as regulators, practitioners, company directors, or whistle blowers.