Troubles with the Comparative law

Abstract

In this article the author speaks about some theoretic but also practical problems which can arise in relation to the comparative law research. Here, in Serbia, a very frequent and usual phrase which can be heard lately is: “It is like that everywhere, it is like that in other countries.” Such a phrase seems like a fnal and strongest argument, that revokes any further analysis and any further attempt to evaluate on an objective way the foreign experiences and legal solutions. The comparative legal researches then become a non-critical copy of foreign legal solutions, so that the comparative law then fnds itself in the function of the current legal-making policy and ideology and much less for the need to research a problem in every sense and to expose to the legislator all the possible alternatives. In that sense, the author talks about a whole series of problems which can arise there, starting from the problems with the interpretation and understanding of law, especially of its totality, up to the studying of the practice of application of law, i.e. up to some general problems which are related to the globalization and unifcation of the law, and in relation to that to the cultural imperialism, neglecting of freedom, democracy and human rights.