Legal hermeneutics and Restorative Justice in the criminal law field: a conflict resolution mechanism in the digital media era

Abstract

This article examines the impact of the rise of social media on legal interpretation and Restorative Justice, focusing on honor crimes such as defamation, slander, and libel, which have become increasingly prevalent in digital spaces. The widespread use of social media has created a phenomenon of hypersensitivity, where nearly any expression can be construed as offensive, leading to legal uncertainty. In response, the paper proposes an analysis of legal hermeneutics combined with Restorative Justice, seeking solutions to curb the escalation of offenses without compromising freedom of speech. Hermeneutics is employed to interpret the contemporary normative-communicative phenomenon with greater flexibility, while Restorative Justice offers an approach that prioritizes dialogue and repair over mere punishment. This study aims to contribute to the understanding of the tensions between media, law, and justice, in a way that preserves the integrity of the criminal justice system. To analyze the subject, a methodical combination of systematic, problem-oriented, and teleological-functional rational methods will be utilized.