Vandekerckhove, Wim ORCID: 0000-0002-0106-7915 and Tsahuridu, Eva E. (2010) Risky rescues and the duty to blow the whistle. Journal of Business Ethics, 97 (3). pp. 365-380. ISSN 0167-4544 (Print), 1573-0697 (Online) (doi:https://doi.org/10.1007/s10551-010-0513-2)

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Abstract

This paper argues that while the idea of whistleblowing as a positive duty to do good or to prevent harm may be defendable, legislating that duty is not feasible. We develop our argument by identifying rights and duties involved in whistleblowing as two clusters: one of justice and one of benevolence. Legislative arguments have evolved to cover the justice issues and the tendency exists of extending rights and duties into the realm of benevolence. The paper considers the problematic assumptions and implications of whistleblowing as a positive duty, by examining the extent to which the Good Samaritan argument holds with regard to whistleblowing. We argue that three criteria necessary for whistleblowing as a legally enforceable positive duty are not met, namely that we need to be able to (1) specify who should know what, (2) minimise the risk to the whistleblower, and (3) adequately deal with mistaken concerns being raised.

Item Type:	Article
Additional Information:	[1] First published: 1 December 2010. [2] Published as: Journal of Business Ethics, (2010), Vol. 97, (3), pp. 365-380.
Uncontrolled Keywords:	duty, legislation, obligation, right, whistleblowing, whistleblowing policies
Subjects:	H Social Sciences > HD Industries. Land use. Labor K Law > K Law (General)
Faculty / School / Research Centre / Research Group:	Faculty of Business > Department of Human Resources & Organisational Behaviour Faculty of Business > Centre for Work and Employment Research (CREW) > Work & Employment Research Unit (WERU)
Related URLs:	Publisher Organisation
Last Modified:	14 Oct 2016 09:11
URI:	http://gala.gre.ac.uk/id/eprint/4359

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