Margaret Martin

Margaret Martin

Academic Degrees:

B.A. (Hons) (McMaster ), M.A (McMaster) , M.S.L. (University of Toronto), Ph.D (University of Cambridge)

Phone: 519-661-2111 ext. 81568
Office: LB 20

Margaret Martin is Associate Professor at the Faculty of Law at Western University. She holds a PhD from the University of Cambridge, a MSL from the University of Toronto. She also holds a BA (Hons) in Philosophy and English Literature and MA in Philosophy, both from McMaster University. Professor Martin has held fellowships at the University of Toronto and at Corpus Christie College at the University of Cambridge. She has been an invited speaker at leading universities in the Brazil, Canada, Denmark, Italy, the United Kingdom and the United States. Professor Martin is on the editorial board for Jurisprudence, the American Journal of Jurisprudence and the Canadian Journal of Law and Jurisprudence. Her monograph, Judging Positivism, was published by Hart Publishing in 2014. She has also published in the area of criminal theory, the theory of international criminal law, and political philosophy. She teaches constitutional law, jurisprudence, and criminal theory.

Selected Publications

Bustamante, Thomas, and Margaret Martin. New Essays on the Fish-Dworkin Debate. Hart Publishing, 2023.

“Method Matters: Non-Normative Jurisprudence and the Re-Mystification of the Law.” In Elucidating the Concept of Law: Contemporary Disputes, edited by Jorge Luis Fabra-Zamora and Gonzalo Villa. Forthcoming. Springer, 2021 (in press).

“Re-visiting Raz: a Reply to my Critics.” Forthcoming. Isonomía, 2021 (in press)

“Postema on Hart: the Illusion of Value-Neutrality.” In Reflections on the Work of Gerald Postema, edited by Thomas Bustamante and Thiago Decat, 193-211. Hart Publishing, 2020. 

“Persuade or Obey: Crito and the Preconditions for Justice.” In Contemporary Perspectives on Legal Obligations, edited by Stefano Bertea, 153-172. Rutledge, 2020.  

Renáta Uitz (Professor at Central European University), interview by Margaret Martin, Rafael Mafei Rabelo Queiroz, and Thomas Bustamante, November 2019, transcript [in Portuguese] available online at:  

“The International Criminal Court: The New Leviathan?” In Legal Authority Beyond the State, edited by Patrick Capps and Henrik Palmer Olsen, 237-267. Cambridge: Cambridge University Press, 2018. 

“Reflections on Punishment from a Global Perspective: An Exploration of Chehtman’s The Philosophical Foundations of Extraterritorial Punishment.” Criminal Law and Philosophy 8:3 (2014): 693-712.  

Martin, Margaret, Judging Positivism (Hart Publishing, 2014)

Martin, Margaret, Raz's Morality of Freedom: Two Models of Authority, Jurisprudence 1:1, June 2010

Martin, Margaret, "International Criminal Law: Between Utopian Dreams and Political Realities", Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic (forthcoming, Hart Publishing, 2011)