Staff profile - Luca Siliquini-Cinelli

Staff image

Dr Luca Siliquini-Cinelli

Position: Lecturer
Faculty or Division: Faculty of Business and Law
Department: BL Law
Campus: Melbourne Burwood Campus
Phone: +61 3 924 46208 +61 3 924 46208



Dr Luca Siliquini-Cinelli is a Lecturer in Law and the Deputy Director of Research at Deakin Law School. He is also an Academic Mentor for the Vice-Chancellor's Professional Excellence Program at the Faculty of Business & Law.

Dr Siliquini-Cinelli received his PhD under the supervision of Pier Giuseppe Monateri, and LLB ( magna cum laude ) from the University of Turin.

Dr Siliquini-Cinelli is author or co-author of three books. He is currently co-editing a two-volume collection of essays by leading contract law scholars on the constitutional dimension of contract law and the 'public/private' law divide in comparative perspective for Springer. He is also co-authoring a textbook on Australian contract law for Cambridge University Press.

Dr Siliquini-Cinelli is also author of a number of articles published in some of the leading national and international law journals in his fields. His works in Italian have been regularly cited by other scholars in Italy, as well as by the Italian Court of Cassation (sitting only below the Constitutional Court).

From November 2016 to February 2017 Dr Siliquini-Cinelli will be a visiting scholar at the Max Planck Institute for Comparative Public Law and International Law, and at the Centre for Law, Ethics and Globalisation at the University of Southampton. Dr Siliquini-Cinelli has also held visiting positions at the Faculty of Law and EU Institute in Japan, Kyushu University (2015-16), and at the Centre for Comparative Law in Africa at the University of Cape Town (UCT), South Africa, in 2013, where he lectured on Foundations of Civil Law Tradition within the LLM in Comparative Law in Africa. He was also a visiting research scholar at UCT’s Department of Private Law in 2012 and 2013.

Dr Siliquini-Cinelli was called to the Italian Bar in 2013 and practised law in Turin. 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).


  • Bachelor of Law(s) mcl, University of Turin, 2009
  • Barrister, Court of Appeal of Turin, 2013
  • Doctor of Philosophy, University of Turin, 2014


  • International Association for the Philosophy of Law and Social Philosophy (IVR)
  • Australian Society of Legal Philosophy
  • Australian Network for Japanese Law
  • Italian Association of Comparative Law


Teaching Interests

Legal theory, Public International Law, Constitutional law, Contract law

Subjects and units currently teaching

Contract Law / Commercial Law

Conferences and seminars

Presented Papers / Refereed Conferences Papers

On the Negative Locus of Authority and Sovereignty

Macquarie Law School
Forthcoming/March 2017

Melbourne Law School
Australian Society of Legal Philosophy - Annual Conference
July 2016

Japan and the Liberal Global-Order Project

UNSW Faculty of Law
Gilbert + Tobin Centre of Public Law
Collective Self-Defence Symposium
August 2016

Law's Existence under Globalisation and Transnationalism

Manchester Law School, Manchester Metropolitan University
School of Law, The University of Manchester
First UK-Russian Symposium on Sovereignty
March 2016

Legal Positivism's Language

Melbourne Law School
Legal Theory Workshop Series
March 2016

Liverpool Law School
Juris North Discussion Group
February 2016

Deakin Law School
DLS Research Forum
October 2015

The Pactum in the Liberal Global Age

Queen's University Belfast
School of Law
Conference title: Private/Public: Unlocking the Boundaries of Legal Thought
October 2015

The Age of ‘Depoliticisation’ and ‘Dejuridification’ and its ‘Logic of Assembling’:

London School of Economics and Political Science
Law Department
Conference title: De-juridification: Appearance and Disappearance of Law at a Time of Crisis
October 2014

Católica Global Law School
Graduate Legal Research Conference
Conference title: Divergence and Dissent in Legal Globalization
September 2014

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
The XIXth International Congress of Comparative Law
International Academy of Comparative Law
Interdisciplinary Association of Comparative and Private International Law
July 2014

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 – Annual Meeting
June 2014

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
May 2014

The Lure of a Post-National European Private Law as a Semi-Stateless Scheme of Intelligibility

Tel Aviv University
The Zvi Meitar Center For Advanced Legal Studies
Law in a Changing Transnational World – Workshop
Relevant thread: Transnational Law and Regional Legal Arrangements
October 2013

Good Faith and Contracts – Brothers in Arms

University of Cape Town – Faculty of Law
Private Law Staff Seminar
May 2012

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
UK National Committee for Comparative Law
Workshop on the Use of Comparative Law in Postgraduate Research
July 2011


Research interests

Dr Siliquini-Cinelli's main fields of interest are political theory and theology, legal theory and philosophy, EU, comparative, public (constitutional) 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 and its constitutional dimension, Dr Siliquini-Cinelli also investigates the relationship between law, politics, ontology, sociology, and religion in order to analyse 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, the crisis of decision-making procedures and democratic systems of legitimation and accountability. 




Forthcoming/2018, Contract Law. Principles and Context, Cases and Materials, co-authored with T Berger, K Green, S Kozlina, E Laryea, and L Spagnolo, Cambridge University Press

Forthcoming/2017, 2018, The Constitutional Dimension of Contract Law. A Comparative Perspective, co-edited with A Hutchison, Voll. I & II, Springer

2014, Europe and Its (Tragic) Statelessness Fantasy: The Lure of European Private Law, Post-National Governance and Political Order, Vandeplas Publishing , v-386

2013, Danno e Risarcimento, co-authored with PG Monateri and D Gianti, G. Giappichelli Editore, 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, Wolters Kluwer - Ipsoa Editore, vii-336; translation: The Civil Liability of a Notary Public; scholarly law book

Selected Journal Articles

'On Legal Positivism's Word and our "Form-of-(non-)Living"', (2016) 16(2) Global Jurist

'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

‘"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

'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).

Link to publications

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