The science of physiognomy belongs to those disciplines which show a decided variability in their value. In classical times it was set much store by, and Socrates, Plato, Aristotle, and Pythagoras were keenly interested in its doctrines. Later on it was forgotten, was studied in passing when Baptista Porta wrote a book about human physiognomy, and finally, when the works of Lavater and the closely related ones of Gall appeared, the science came for a short time into the foreground. Lavater’s well known monograph[108] excited great attention in his day and brought its author enthusiastic admiration. How much Goethe was interested in it is indicated in the popular book by Von der Hellen and the exchange of letters between Goethe and Lavater. If Lavater had not brought the matter into relation with his mystical and apodictic manner, if he had made more observations and fewer assertions, his fame would have endured longer and he would have been of some use to the science; as it was it soon slipped from people’s minds and they turned to the notorious phrenology of Gall. Gall, who to some degree had worked with his friend Spurzheim, committed the same error in his works[109] as Lavater, inasmuch as he lost himself in theories without scientific basis, so that much that was indubitably correct and indicative in his teaching was simply overlooked. His meaning was twice validated, once when B. v. Cotta[110] and R. R. Noel[111] studied it intensively and justly assigned him a considerable worth; the second tune when Lombroso and his school invented the doctrine of criminal stigmata, the best of which rests on the postulates of the much-scorned and only now studied Dr. Gall. The great physiologist J. Müller declared: “Concerning the general possibility of the principles of Gall’s system no a priori objections can be made.” Only recently were the important problems of physiognomy, if we except the remarkable work by Schack,[112] scientifically dealt with. The most important and significant book is Darwin’s,[113] then the system of Piderit[114] and Carus’s “Symbolik,”[115] all of them being based upon the earlier fundamental work of the excellent English anatomist and surgeon, Bell.[116] Other works of importance are those of LeBrun, Reich, Mantegazza, Dr. Duchenne, Skraup, Magnus, Gessmann, Schebest, Engel, Schneider, K. Michel, Wundt, C. Lange, Giraudet, A. Mosso, A. Baer, Wiener, Lotze, Waitz, Lelut, Monro, Heusinger, Herbart, Comte, Meynert, Goltz, Hughes, Borée,[117] etc. The present status of physiognomics is, we must say, a very subordinate one. Phrenology is related to physiognomics as the bony support of the skull to its softer ones, and as a man’s physiognomy depends especially upon the conformation of his skull, so physiognomics must deal with the forms of the skull. The doctrine of the movement of physiognomy is mimicry. But physiognomics concerns itself with the features of the face taken in themselves and with the changes which accompany the alterations of consciousness, whereas mimicry deals with the voluntary alterations of expression and gesture which are supposed to externalize internal conditions. Hence, mimicry interests primarily actors, orators, and the ordinary comedians of life. Phrenology remains the research of physicians, anthropologists and psychologists, so that the science of physiognomy as important in itself is left to us lawyers. Its value as a discipline is variously set. Generally it is asserted that much, indeed, fails to be expressed by the face; that what does show, shows according to no fixed rules; that hence, whatever may be read in a face is derivable either instinctively by oneself or not at all. Or, it may be urged, the matter can not be learned. Such statements, as ways of disposing of things, occur regularly wherever there is a good deal of work to do; people do not like to bother with troublesome problems and therefore call them worthless. But whoever is in earnest and is not averse to a little study will get much benefit from intensive application to this discipline in relation to his profession.

The right of physiognomies to the status of an independent science is to some degree established in the oft-repeated dictum that whatever is valid in its simplest outline must be capable of extension and development. No man doubts that there are intelligent faces and foolish ones, kind ones and cruel ones, and if this assertion is admitted as it stands it must follow that still other faces may be distinguished so that it is possible to read a certain number of spiritual qualities from the face. And inasmuch as nobody can indicate the point at which this reading of features must cease, the door is opened to examination, observation and the collection of material. Then, if one bewares of voluntary mistakes, of exaggeration and unfounded assertion, if one builds only upon actual and carefully observed facts, an important and well-grounded discipline must ensue.

The exceptionally acute psychiatrist Meynert shows[118] how physiognomics depends on irradiation and parallel images. He shows what a large amount of material having physiognomical contents we keep in mind. Completely valueless as are the fixed forms by which mankind judges the voluntary acts of its individual members, they point to the universal conclusion that it is proper to infer from the voluntary acts of a person whose features correspond to those of another the voluntary acts of the other. One of Hans Virchow’s very detailed physiognomical observations concerning the expression of interest in the eyes by means of the pupil, has very considerable physiognomical value. The pupil, he believes, is the gate through which our glance passes into the inner life of our neighbor; the psychical is already close at hand with the word “inner.” How this occurs, why rather this and not another muscle is innervated in the development of a certain process, we do not know, but our ignorance does not matter, since ultimately a man might split his head thinking why we do not hear with our eyes and see with our ears. But to some extent we have made observable progress in this matter. As far back as 1840 J. Müller[119] wrote: “The reasons are unknown why various psychoses make use of different groups of nerves or why certain facial muscles are related to certain passions.” Gratiolet[120] thought it necessary forty years ago to deny that muscles were developed merely for the purpose of expression. Almost contemporaneously Piderit knew that expressive muscular movements refer partly to imaginary objects and partly to imaginary sense impressions. In this fact lies the key to the meaning of all expressive muscular movements. Darwin’s epoch-making book on the expressions of the emotions finally established the matter so completely and firmly, that we may declare ourselves in possession of enough material for our purpose to make it possible to carry our studies further. The study of this book of Darwin’s I believe absolutely necessary to each criminalist—for he meets in every direction, expositions and explanations that are related to cases he has already experienced in practice or is sure to experience. I present here only a few of Darwin’s most important notes and observations in order to demonstrate their utility for our purpose.

As subjects for study he recommends children because they permit forms of expression to appear vigorously and without constraint; lunatics, because they are subject to strong passions without control; galvanized persons, in order to facilitate the muscles involved, and finally, to establish the identity of expression among all races of men and beasts. Of these objects only children are important for our purpose. The others either are far removed from our sphere of activity, or have only theoretic value. I should, however, like to add to the subjects of observation another, viz., the simple unstudied persons, peasants and such otherwise unspoiled individuals whom we may believe innocent of all intention to play a comedy with us. We can learn much from such people and from children. And it is to be believed that in studying them we are studying not a special class but are establishing a generally valid paradigm of the whole of mankind. Children have the same features as adults, only clearer and simpler. For, suppose we consider any one of Darwin’s dicta,—e.g., that in the expression of anger and indignation the eyes shine, respiration becomes more rapid and intense, the nostrils are somewhat raised, the look misses the opponent,—these so intensely characteristic indices occur equally in the child and the adult. Neither shows more or fewer, and once we have defined them in the child we have done it for the adult also. Once the physiognomy of children and simple people has been studied, the further study of different kinds of people is no longer difficult; there is only the intentional and customary masking of expression to look out for; for the rest, the already acquired principles, mutandis mutatis, are to be used.

Darwin posits three general principles on which most expressions and gestures are to be explained. They are briefly:

I. The principle of purposeful associated habits.

II. The principle of contradication.

III. The principle of the direct activity of the nervous system.

With regard to the first. When, in the course of a long series of generations, any desire, experience, or disinclination, etc., has led to some voluntary action, then, as often as the same or any analogous associated experience is undergone, there will arise a tendency to the realization of a similar action. This action may no longer have any use but is inherited and generally becomes a mere reflex.

This becomes clearer when one notices how often habit facilitates very complex action:—the habits of animals; the high steps of horses; the pointing of pointers; the sucking of calves, etc. It is difficult for us in falling to make opposite movements to stretching out the arms, even in bed; we draw on our gloves unconsciously. Gratiolet says: “Whoever energetically denies some point, etc., shuts his eyes; if he assents he nods and opens his eyes wide. Whoever describes a terrible thing shuts his eyes and shakes his head; whoever looks closely raises his eye-brows. In the attempt to think the same thing is done or the eye-brows are contracted—both make the glance keener. Thence follows the reflex activity.”