Staff profile - Luca Siliquini Cinelli

Staff image

Dr Luca Siliquini-Cinelli

Position: Lecturer
Faculty or Division: Faculty of Business & Law
Department: Law
Campus: Melbourne Burwood Campus
Phone: +61 3 92446208 +61 3 92446208



Luca received his Ph.D. in Law and Institutions – EU, Comparative and Private Law and LL.B. (magna cum laude) from the University of Turin School of Law, Italy.

In 2013, he 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.

Luca 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). He is an associate member of the International Society for the Philosophy of Law and Social Philosophy (IVR), the Italian Association of Comparative Law and the Canadian Law and Society Association.


Teaching Interests

Contract Law Unit Chair

Subjects and units currently teaching

Contract Law / Commercial Law

Conferences and seminars

Presented Papers / Refereed Conferences Papers

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
Law Department
Conference title: De-juridification: Appearance and Disappearance of Law at a Time of Crisis
October 2014

Católica Global Law School
Lisbon, Portugal
Graduate Legal Research Conference
Conference title: Divergent 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
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)
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 (CLSA) – 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. 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
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 (BACL)
UK National Committee for Comparative Law
Workshop on the Use of Comparative Law in Postgraduate Research
July 2011


Research interests

Political and legal theory, political theology, EU, comparative, public and private law (contracts and torts), and post-national governance.

Luca 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’.




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) 1 South African Law Journal, co-authored with Andrew Hutchison

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

forthcoming - 'Conceptualizing the Schmittian Exception in the European Union: From 'Opt-out' Procedure(s), to Indirect Forms of Secessionism', (2015) Chicago-Kent Journal of International and Comparative Law, co-authored with Bétrice Schütte

forthcoming - 'Legal Systemology and the Geopolitics of Roman Law: A Response to Stuart Elden’s Critique of Carl Schmitt’s Spatial Ontology, (2015) 5(2) Pólemos - Journal of Law, Literature and Culture (De Gruyter)

'Legal Pluralism and Progressive Constitutionalism: An Introduction to the South African Challenge for Post-National Governance', (2015) 2 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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