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Luca Siliquini-Cinelli

Dr Luca Siliquini-Cinelli

SENIOR LECTURER IN LAW - CONTRACT TORT OR COMMERCI
Law
0151 291 3806
Arts and Humanities
siliqul@hope.ac.uk

Dr Luca Siliquini-Cinelli is a Senior Lecturer in Law at the School of Law, Liverpool Hope University. Prior to joining Liverpool Hope in February 2017, he was a Lecturer/Senior Lecturer and the Deputy Director of Research at Deakin Law School in Melbourne (2014-17). His multi-disciplinary research includes legal philosophy and jurisprudence, continental philosophy and political theory (particularly the thought of Martin Heidegger, Ernst Cassirer, Carl Schmitt, Hannah Arendt, and Giorgio Agamben), comparative contract law, comparative legal traditions, and Japanese socio-legal theory.

Luca obtained his LLB (magna cum laude) and PhD under the supervision of Pier Giuseppe Monateri from the University of Turin, Italy. More recently, he was awarded the Graduate Certificate of Higher Education Learning and Teaching from Deakin University. He was also admitted to the 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).

Luca is author/co-author/co-editor of four books. He is currently co-editing a two-volume collection of essays on the constitutional dimension of contract law and the ‘public/private law’ divide in comparative perspective for Springer. The first volume was published in March 2017 while the second is due in late 2018. He is also editing a volume on global and transnational legal theory for Springer's Law and Philosophy Library (to be published in 2019). Further, he is co-authoring a sourcebook on Australian contract law for Cambridge University Press (to be published in 2018).

Luca is author of a number of articles published in some of the leading law journals in his fields, including The Journal of Comparative LawGlobal Jurist, the Australian Journal of Legal Philosophy, The University of Queensland Law Journal, the Griffith Law Review, the South African Law Journal, the Journal of Civil Law Studies, the Chicago-Kent Journal of International & Comparative Law, the Loyola of Los Angeles Review of International & Comparative Law, and the Asian-Pacific Law & Policy Journal. Some of his papers have been recommended by the I.CONnect Blog, the Legal Theory Blog, and the Law & Humanities Blog. In 2016 he co-chaired the 'Law and Philosophy' stream of the Australasian Society for Continental Philosophy's Annual Conference at Deakin University. His works in Italian are regularly cited by other scholars in Italy, as well as by the Italian Court of Cassation (sitting only below the Constitutional Court). All of Luca's works on SSRN can be accessed at papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2356720

Luca is a Fellow of the Uppsala Forum on Democracy, Peace & Justice at the Faculty of Law, Uppsala University, which he visited in April 2017 to undertake research on Scandinavian Legal Realism and deliver the Uppsala Forum Guest Lecture. He has also held visiting research and teaching positions at the Max Planck Institute for Comparative Public Law and International Law (2016); at the Faculty of Law and EU Institute in Japan at Kyushu University (2015-16); and at the Private Law Department and Centre for Comparative Law in Africa at the University of Cape Town (2012, 2013). He will be a visiting scholar at the Graduate School of Law, Kobe University, in 2018.

Teaching
Contract Law
Legal Theory
The Law of Revolutions

Affiliations

International Association for the Philosophy of Law and Social Philosophy (IVR) - UK Branch
Australasian Society of Legal Philosophy
Australian Network for Japanese Law
Italian Association of Comparative Law

Journal Articles and Case Comments
2017 (forthcoming), 'On Global Constitutionalism's Philosophical and Biopolitical Significance: The Case of Implied Legal Principles and Rules', 26(1) Tulane Journal of International & Comparative Law
2017, 'Beyond Common Law: Contractual Privity in Australia and South Africa', 12(1) The Journal of Comparative Law 49–79, with Andrew Hutchison
•     2016, ‘Japan and the Liberal Global-Order Project: A Time to Stop and Stare’, 18(1) Asian-Pacific Law & Policy Journal 1–35
2016, ‘On Legal Positivism’s Word and our “Form-of-(non-)Living”’, 16(2) Global Jurist 211–41
2016, ‘Constitutionalism,  Good  Faith  and  the  Doctrine of Specific  Performance:  Rights, Duties and Equitable  Discretion’, 133(1) South African Law Journal 73–101, with Andrew Hutchison
2015, ‘“Against Interpretation”?  On Global (Non-)Law, the Breaking-up of Homo Juridicus and the Disappearance of the Jurist’, 8(2) Journal of Civil Law Studies 443–91
2015, ‘Hayek the Schmittian: Contextualising Cristi’s Account of Hayek’s Decisionism in the Age of Global Wealth Inequality’, 24(4) Griffith Law Review 687–706
2015, ‘Taking (Legal) Traditions Seriously, or Why Australian Contract Law Should Not Be Codified: An Unconventional Inquiry’, 34(1) University of Queensland Law Journal 99–122
2015, ‘Conceptualizing the Schmittian ‘Exception’ in the European Union: From the ‘Opt-out’ Procedure(s) to Indirect Forms of Secessionism’, 15(2) Chicago-Kent Journal of International and Comparative Law 1–31, with Béatrice Schütte
2015, ‘The Age of ‘Depoliticization’ and ‘Dejuridification’ and its ‘Logic of Assembling’: An Essay Against the Instrumentalist Use of Comparative Law’s Geopolitics’, 37(2) Loyola of Los Angeles International and Comparative Law Review 215–44
2015, ‘Legal Systemology and the Geopolitics of Roman Law: A Response to Stuart Elden’s Critique of Carl Schmitt’s Spatial Ontology’, 9(2) Pólemos - Journal of Law, Literature and Culture (de Gruyter) 411–39
2015, ‘Legal Pluralism and Progressive Constitutionalism: An Introduction to the South African Challenge for Post-National Governance’, 2(1) Journal of Comparative Law in Africa 1–29
2014, ‘Imago Veritas Falsa: For a (Post-)Schmittian Decisionist Theory of Law, Legal Reasoning and Judging’, 39 Australian Journal of Legal Philosophy 118–41
2014, ‘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’, 5(1) Comparative Law Review 1–49
2013, Case  comment, ‘Come  la  (non  più)  Probabile  Durata  della  Vita  del Danneggiato  Dovrebbe  Incidere  sul  Quantum  del  Danno  Biologico’;  Court  of  Appeal  of Florence, n. 243/2013, Danno e Responsabilità 989–96
2013, Case comment, ‘Condominio, Danno da Cose in Custodia e Onere Probatorio’; Court of Cassation, VI, ord. n. 5977/2012, Danno e Responsabilità 289–94
2012, ‘Beyond National Paradigms for Understanding Law. The Role of South African Contract   Law in the Europeanization of Contract Law: The Case of the Formation of Contract’, 18(1) The Cardozo Electronic Law Bulletin 1–72
2011, Case comment, ‘Estensione della Colpa Medica all'Infermiere?’; Court of Cassation, IV, n. 24573/2011, Danno e Responsabilità 20–26
2011, ‘L'essenzialità   della   Funzione   Notarile   nell'Era   dello   Sviluppo Sostenibile: Analisi Critica e Profili Pratico-Comparativi di Una Professione Legale’, Comparazione e Diritto Civile 1–37
2010, Case comment, ‘La Promessa di Matrimonio: "liberas nuptias esse placuit"’; Court of   Cassation, III, n. 9052/2010, Danno e Responsabilità 36–43
2010, Case  comment, ‘Comunicazione  a  Mezzo  Posta  e  Danno  Esistenziale: Parametri  Valutativi  della Fattispecie’; Court of Cassation, SS.UU. n. 18356/2009, Danno e Responsabilità 609–18
2009, Case comment, ‘L'art. 2236 c.c. tra Onere Probatorio e Risarcimento del Danno’, Court of Cassazione, III, n. 20806/2009, Danno e Responsabilità 545–52

Authored books
2018 (forthcoming), Australian Contract Law in Context. Cases and Materials, Cambridge University Press, with Tyrone Berger, Kelly Green, Simon Kozlina, Emmanuel Laryea, and Luisa Spagnolo
2014, Europe and Its (Tragic) Statelessness Fantasy: The Lure of European Private Law, Post-national Governance and Political Order, Vandeplas Publishing
2013, Danno e Risarcimento, in Trattato sulla Responsabilità Civile, Pier Giuseppe Monateri (ed.), Giappichelli Editore, with Pier Giuseppe Monateri and Davide Gianti
2011, La Responsabilità Civile del Notaio. Criteri di Configurabilità e Casistica nel Mercato delle Regole, Kluwer Law International

Edited books
2019 (forthcoming), edited volume on  global and transnational legal theory; Law and Philosophy Library, Springer
2018 (forthcoming), The Constitutional Dimension of Contract Law.  A Comparative Perspective, Vol. II, Springer, with Andrew Hutchison
2017, The Constitutional Dimension of Contract Law.  A Comparative Perspective, Vol. I, Springer, with Andrew Hutchison

Chapters in books
2017, ‘Reflections on the Pactum in the Public and Private Spheres', in The Constitutional Dimension of Contract Law. A Comparative Perspective, Vol. I, Luca Siliquini-Cinelli & Andrew Hutchison (eds.), Springer

Funding Awards (in brief)
2017, £ 1,600, Visiting Scholar Programme, Graduate School of Law, Kobe University (funding body: The Great Britain Sasakawa Foundation, Regular Research Grant)
2017, £ 1,500, Individual Research Grant (funding body: Liverpool Hope University)
2016, £2,500, Visiting Fellowship, Faculty of Law, Uppsala University (funding body: Uppsala Forum on Democracy, Peace and Justice)
2016, $AUD 4,000, Visiting Scholar Programme, Centre for Law, Ethics and Globalisation, University of Southampton (funding body: Deakin University; not taken)
2015-16, $AUD 1,300, Visiting Scholar Programme, Faculty of Law and EU Institute in Japan, Kyushu University (funding body: Deakin University)
2013, €5,000, Visiting Scholar Programme, Department of Private Law, University of Cape Town (funding body: University of Turin)
2012, €5,000, Visiting Scholar Programme, Department of Private Law, University of Cape Town (funding body: University of Turin)

Guest Lectures
2017, Uppsala Forum on Democracy Peace & Justice, Faculty of Law, Uppsala University

Book Launches
2017, The Constitutional Dimension of Contract Law. A Comparative Perspective, Vol. I, Faculty of Law, University of Cape Town; Guest Speaker: Professor Tjakie Naude

Conference / seminar / workshop / symposium papers (in brief)
2018, The University of Sydney, Asian Studies Association of Australia (Japanese Law Panel) – 22nd Biannual Conference (speaker)
2018, Macquarie Law School, External Seminar (speaker)
2017, UCD Sutherland School of Law, The Society of Legal Scholars – Annual Conference (speaker)
2017, Faculty of Law, Lund University, External Seminar (speaker)
2017, Manchester Law School, Juris North Discussion Group (speaker)
2016, Deakin University, Australasian Society for Continental Philosophy – Annual Conference (speaker)
2016, School of Law, NUI Galway, Legal and Political Theory Workshop Series (speaker)
2016, Melbourne Law School, Australian Society of Legal Philosophy – Annual Conference (speaker)
2016, Gilbert + Tobin Centre for Public Law, UNSW Faculty of Law,  Collective Self-Defence Symposium (speaker)
2016,  Manchester Law School, The University of Manchester, School of Law, First UK-Russian Symposium on Sovereignty (speaker)
2016, Melbourne Law School, Legal Theory Workshop (speaker)
2016, School of Law, University of Liverpool, Juris North Discussion Group (speaker)
2015, School of Law, Deakin University, Research Seminar series (speaker)
2015, School of Law, Queen’s University Belfast, IVR – UK Annual Conference (speaker)
2014, School of Law, Deakin University, Private Law Hub (speaker)
2014, Law Department, London School of Economics and Political Science, IVR – UK Annual Conference (speaker)
2014, Católica Global Law School, Graduate Legal Research Conference (speaker)
2014, Faculty of Law, Department of European, International and Comparative Law, University of Vienna, The 19th International Congress of Comparative Law International Academy of Comparative Law, Interdisciplinary Association of Comparative and Private International Law, Italian National Report, with Pier Giuseppe Monateri and Cristina Costantini
2014, Faculty of Law, University of Manitoba, Canadian Law and Society Association Annual Meeting (speaker)
2014, Faculty of Law, University of Zagreb, 6th  Central and Eastern European Forum for Young Legal,  Political  and Social Theorists (speaker)
2013, The Zvi Meitar Center For Advanced Legal Studies, The Buchmann Faculty of Law, Tel Aviv University, 1st Law in a Changing Transnational World Workshop for Young Scholars (speaker)
2012, Faculty of Law, University of Cape Town, Private Law Staff Seminar (speaker)
2011, School of Law, The University of Nottingham, British Association of Comparative Law, UK National Committee for Comparative Law, Workshop on the Use of Comparative Law in Postgraduate Research (speaker)

 

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