Dr Luca Siliquini-Cinelli
|Faculty or Division:||Faculty of Business and Law|
|Department:||BL Deakin Law School|
|Campus:||Melbourne Burwood Campus|
|Phone:||+61 3 924 46208 +61 3 924 46208|
Luca Siliquini-Cinelli is a Lecturer in Law at the School of Law, Deakin University.
Dr Siliquini-Cinelli received his Ph.D. in Law and Institutions – EU, Comparative and Private Law under the supervision of Pier Giuseppe Monateri, and LL.B. ( magna cum laude ) from the University of Turin School of Law, Italy.
In 2015-16, Dr Siliquini-Cinelli will be a visiting scholar at the Faculty of Law and EU Institute in Japan, Kyushu University.
In 2013, Dr Siliquini-Cinelli was a visiting lecturer at the Centre for Comparative Law in Africa at the University of Cape Town (UCT), South Africa, where he lectured on Foundations of Civil Law Tradition within the LL.M. in Comparative Law in Africa. He was a visiting research scholar at UCT’s Department of Private Law in 2012 and 2013.
Dr Siliquini-Cinelli is a (non-practicing) Barrister – Italy Bar. He is the recipient of the 2013 Avv. Paolo Catalano Award and the 2013 Dott. Gian Luca Innocenti Award for being the top candidate overall at the Bar exam (Court of Appeal of Turin).
Dr Siliquini-Cinelli is an associate member of the International Association for the Philosophy of Law and Social Philosophy (IVR), the Australian Society of Legal Philosophy, and the Italian Association of Comparative Law.
Contract and Commercial Law Unit Chair
Subjects and units currently teaching
Contract Law / Commercial Law
Conferences and seminars
Presented Papers / Refereed Conferences Papers
The Pactum in the Liberal Global Age
Queen's University Belfast
School of Law
Conference title: Private/Public: Unlocking the Boundaries of Legal Thought
Legal Positivism's Language
Deakin Law School
DLS Research Forum
The Age of ‘Depoliticisation’ and ‘Dejuridification’ and its ‘Logic of Assembling’: An Essay Against the Instrumentalist Use of Comparative Law’s Geopolitics
London School of Economics and Political Science
Conference title: De-juridification: Appearance and Disappearance of Law at a Time of Crisis
Católica Global Law School
Graduate Legal Research Conference
Conference title: Divergence and Dissent in Legal Globalization
Judges as an ‘Elite’ of the Legal Profession.
Judges and Prosecutors in Italy: a Separate Department of the Legal Profession
Italian National Report (co-authored with Pier Giuseppe Monateri and Cristina Costantini)
University of Vienna – Faculty of Law
Department of European, International and Comparative Law
The XIXth International Congress of Comparative Law
International Academy of Comparative Law (IACL)
Interdisciplinary Association of Comparative and Private International Law (IACPL)
Escaping the Cage: Why the Implementation of Pluralist, Insulated Forms of Post-National Subsidiary Governance Might Represent the Only Solution to the European Crises
University of Manitoba – Faculty of Law
Law’s Encounters: Co-existing and Contradictory Norms and Systems
Canadian Law and Society Association (CLSA) – Annual Meeting
University of Zagreb – Faculty of Law
6th Central and Eastern European Forum for Young Legal, Political and Social Theorists
Relevant thread: Contemporary State: Functions, Position and Crisis Management
The Lure of a Post-National European Private Law as a Semi-Stateless Scheme of Intelligibility. A ‘Multi-Layered’, ‘Inter-Institutional’, ‘Net-Worked’ Order, or a ‘Semi-Hierarchical’ Nomos?
Tel Aviv University – The Buchmann Faculty of Law
The Zvi Meitar Center For Advanced Legal Studies
Law in a Changing Transnational World – Workshop
Relevant thread: Transnational Law and Regional Legal Arrangements
Good Faith and Contracts – Brothers in Arms
University of Cape Town – Faculty of Law
Private Law Staff Seminar
The A Priori Basics of the Law of Obligations:
The Utility of Having an Ontological Approach to Private Law
The University of Nottingham – School of Law
British Association of Comparative Law (BACL)
UK National Committee for Comparative Law
Workshop on the Use of Comparative Law in Postgraduate Research
Dr Siliquini-Cinelli's main fields of interest are political and legal theory, political theology, EU, comparative, public and private law (contracts and torts), and post-national governance.
Along with other more positivistic topics, such as the development of contract law in comparative perspective, Dr Siliquini-Cinelli also investigates the relationship between law, politics, ontology, sociology, economics, literature, and religion in order to analyze how and why, under the law’s beady eye, we do ‘things’ with ‘words’.
Over the last two years, Dr Siliquini-Cinelli's efforts have focused on the essence, features and aims of the liberal global-order project from several perspectives of inquiry. Examples are the depoliticisation and dejuridification of the law's regulative instances, the disappearance of the jurist, the geopolitics of comparative law, the 'public law/fundamental rights-private law' interplay, codification of Australian contract law, global wealth inequality, and systems of legitimation and accountability.
2014, Europe and Its (Tragic) Statelessness Fantasy: The Lure of European Private Law, Post-National Governance and Political Order, Lake Mary (FL): Vandeplas Publishing - ISBN 978-1-60042-220-1, v-386
2013, Danno e Risarcimento (co-authored with Pier Giuseppe Monateri and Davide Gianti), Turin: G. Giappichelli Editore - ISBN 978-88-3488917-6, x-266
Translation: Damage and Compensation
Prescribed textbook for Tort law students at several Italian universities
2011, La responsabilità civile del notaio. Criteri di configurabilità e casistica nel mercato delle regole, Alphen aan den Rijn – Milan: Wolters Kluwer - Ipsoa Editore - ISBN: 978-88-217-3535-6, vii-336
Translation: The Civil Liability of a Notary Public – scholarly law book
Selected Refereed Journal Articles / Case Comments
forthcoming - ‘Constitutionalism, Good Faith and the Doctrine of Specific Performance: Rights, Duties and Equitable Discretion’, (2016) (133)1 South African Law Journal, co-authored with Andrew Hutchison
forthcoming - ‘"Against Interpretation"’? On Global (Non-)Law, the Breaking-Up of Homo Juridicus, and the Disappearance of the Jurist', (2015) 8(2) Journal of Civil Law Studies
forthcoming - 'The Age of ‘Depoliticisation’ and ‘Dejuridification’ and its ‘Logic of Assembling’: An Essay Against the Instrumentalist Use of Comparative Law’s Geopolitics’, (2015) 37(2) Loyola of Los Angeles International & Comparative Law Review
'Hayek the Schmittian: Contextualising Cristi's Account of Hayek's Decisionism in the Age of Global Wealth Inequality', (2015) 24(4) Griffith Law Review
'Taking (Legal) Traditions Seriously, or Why Australian Contract Law Should Not Be Codified: An Unconventional Inquiry', (2015) 34(1) University of Queensland Law Journal
'Legal Systemology and the Geopolitics of Roman Law: A Response to Stuart Elden’s Critique of Carl Schmitt’s Spatial Ontology', (2015) 9(2) Pólemos - Journal of Law, Literature and Culture (De Gruyter)
'Conceptualizing the Schmittian Exception in the European Union: From 'Opt-out' Procedure(s), to Indirect Forms of Secessionism', (2015) 15(2) Chicago-Kent Journal of International and Comparative Law, co-authored with Bétrice Schütte
'Legal Pluralism and Progressive Constitutionalism: An Introduction to the South African Challenge for Post-National Governance', (2015) 2(1) Journal of Comparative Law in Africa
'Imago Veritas Falsa: For a (Post-)Schmittian Decisionist Theory of Law, Legal Reasoning, and Judging', (2014) 39 Australian Journal of Legal Philosophy
'Functionalism, Co-operation, Good Faith and the Making of the "Daily-Preventive Justice" in Contract Law Theory and Practice. A Contribution to a Rational Understanding of Good Faith. Evaluations from the South African Perspective', (2014) 5(1) Comparative Law Review
Dr Siliquini-Cinelli's peer-reviewed works have also apperead in The Cardozo Electronic Law Bulletin (2012) and Comparazione e Diritto Civile (2011) - which are two top-ranked comparative law journals in Italy - and in the Italian tort law journal Danno e Responsabilità (2010-2013).