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This article aims to assess the contemporary legal culture of basic rights by analyzing the conflict between post-World War II Era comic-romantic legal metaphysics and Rorty’s comic ironism. The core of its theoretical framework is Robin West’s effort to project Northrop Frye’s aesthetical myths to Jurisprudence, a thesis which makes it possible to read “The Brothers Karamazov” as an allegory to human anguish concerning the contingent nature of legal answers. We concluded that the post-modern era demands a new culture of basic rights, which displays the traits of ironism (contextualism and fallibilism) and is based on trust and loyalty.

Como abandonar o ninho romântico e voar: construindo uma cultura ironista de defesa dos direitos fundamentais