[author]FANG Xiao

[content]

A Person Can Be Judged by Appearance: “Physiognomic Adjudication” in Traditional Chinese Justice and Its Modern Fate

Author: Fang Xiao

Professor, KoGuan School of Law, Shanghai Jiao Tong University

Abstract: In traditional Chinese judicial trials, there existed a method of adjudication that can be termed "Physiognomic Adjudication". Its theoretical basis was traditional physiognomy, and it not only appeared extensively in literary works but was also widely applied in judicial practice. By the late Qing Dynasty, with both the affirmative introduction of Lombroso's "born criminal" theory by reformists and the strong critique of Lombroso by Ogawa Shigejiro amid legal reforms, traditional "Physiognomic Adjudication" experienced a corresponding rise and fall. During the Republican era, particularly with the wave of scientism triggered by the May Fourth Movement, Western "criminal phrenology" was widely attributed a "scientific" nature. Consequently, traditional physiognomy and its "Physiognomic Adjudication" were disparaged, even being directly labeled as "superstition" by the Nationalist Government, which sought to suppress it. Owing to the resistance of physiognomy practitioners, traditional physiognomy, by asserting its "correspondence in principles"  and"commonality of reason" with Western phrenology, remained active within criminal justice activities. Under the lens of "science," the circumstances and evolution of traditional physiognomy and "Physiognomic Adjudication" require re-examination. Attention must also be paid to potential misinterpretations of its historical existence and its prospective outlook in light of technological advancements.

Keywords: Traditional Chinese Justice; Physiognomic Adjudication; Traditional Physiognomy; Western “Criminal Phrenology”

In traditional Chinese judicial trials, a method of adjudication that can be termed ' Physiognomic Adjudication’ was commonly employed. This method involved discerning or judging whether a party had committed a crime based on their physical appearance, facial expressions, movements, and other bodily characteristics. Distinct from the well-known 'Adjudication by Appearance within the Five Hearings,' there existed a practice of 'Physiognomic Adjudication .' This latter form entailed making a preliminary judgment or tentative determination regarding a party's criminal suspiciousness based on their overall appearance, particularly their facial physiognomic features. 'Physiognomic Adjudication' primarily relied on the party's facial features, was theoretically grounded in C hinges traditional physiognomy, and was characterized by its static nature. Consequently, judicial officials were required to possess a fundamental knowledge of physiognomy to assess the relatively fixed facial appearance of the party at that time. It can be said that 'Physiognomic Adjudication' played a significant role in traditional Chinese judicial trials, often working in conjunction with 'Adjudication by Appearance within the Five Hearings' to screen criminal suspects with the aim of securing definitive evidence of guilt.

However, 'Physiognomic Adjudication' has received scant attention in academia. Apart from its presence in traditional Chinese judicial practice, it is untraceable in various formal legal systems. This has undoubtedly lent 'Physiognomic Adjudication' an aura of mystery. Consequently, several questions arise: How did traditional physiognomy provide theoretical support for 'Physiognomic Adjudication'? Do the numerous depictions of 'Physiognomic Adjudication' in Gongan literature reflect actual judicial realities? Does 'Physiognomic Adjudication' possess any objective utility? If so, what were the core tenets underpinning its operation? In modern China, when faced with the introduction and impact of Western 'criminal phrenology', which bore the label of 'science,' how did the historically ingrained traditional 'Physiognomic Adjudication' respond? Within the hegemonic discourse of 'science' in modern and contemporary times, how should traditional physiognomy and its 'Physiognomic Adjudication,' often dismissed as 'superstition,' be re-evaluated? This paper will endeavor to explore and analyze such questions as thoroughly as possible.

I Historical Reflections: An Account and Appraisal of Traditional “Physiognomic Adjudication”

(I) The Theory of “Physiognomy” within Traditional “Physiognomic Adjudication”

In traditional Chinese society, the notion that "a person can be judged by their appearance"  was remarkably widespread and profound. Even in the judicial sphere, which concerns matters of human destiny, "Physiognomic Adjudication" was a common practice. The ancients' use of facial features as an initial means of judgment was, in fact, grounded in a deep theoretical basis: "physiognomy", a discipline of immense influence in traditional Chinese society.

First, the historical transmission, application, and theoretical core of "physiognomy." "Physiognomy " is a theory within the art of person-assessment that involves judging, speculating about, and predicting an individual's fortunes and misfortunes based on their external physical characteristics, such as facial features and physique. Among these, the "facial features" or "bone structure " of the head were the most crucial areas of observation. Legend holds that this art of physiognomy began to emerge during the period of Yao, Shun, Yu, and the Xia, Shang, and Zhou dynasties. The Dadai Liji: Shaojian (《大戴礼记•少闲》) records: "Long ago, Yao selected people by their form, Shun by their psycho-physical expression, Yu by their words, Tang by their voice, and King Wen by their deportment." By the Spring and Autumn and Warring States periods, it had become quite prevalent. The Zuozhuan: First year of Duke Wen (《左传•文公元年》) states: "In the spring of the first year, the King dispatched Interior Scribe Shu Fu to attend the joint funeral. Gongsun Ao, hearing that Shu Fu was skilled in physiognomizing people, presented his two sons to him. Shu Fu said: 'Gu will provide for you in your old age, and Nan will lay you to rest. Gu has a full lower face; he will surely have descendants in the state of Lu.'" During the Warring States period, the Shiji: Basic Annals of the First Emperor of Qin (《史记•秦始皇本纪》) records: "(Wei) Liao said: 'The King of Qin as a man has a waspish nose, elongated eyes, a chest like a bird of prey, and a voice like a jackal. He is of scant benevolence and has the heart of a tiger or wolf. When in difficulty, he readily submits to others, but when he achieves his aims, he will just as readily devour people. I am a commoner, yet when he sees me, he always humbles himself before me. If the King of Qin truly achieves his ambitions with the empire, all under Heaven will become his captives. One cannot associate with him for long.' He then fled." It can be said that after becoming popular in the Spring and Autumn and Warring States periods, the art of person-assessment continued to be transmitted down to modern times. The art of person-assessment not only accumulated a wealth of theory from experience but also influenced all social strata and various fields, including officials of all ranks in the bureaucracy, many of whom believed in it, and many were even skilled physiognomists themselves. The central government even established positions such as "Physiognomy Experts" to specifically provide physiognomic services for official purposes. Given such an environment, it was inevitable that the judicial field would be influenced by physiognomy in traditional Chinese society, where administrative officials concurrently managed judicial affairs.

The core content of the art of person-assessment primarily involved physiognomizing the five features, physiognomizing bones, physiognomizing the torso and limbs, physiognomizing the psycho-physical vitality/complexion, and physiognomizing the voice, with the physiognomy of the five features being the most important. The renowned Qing dynasty physiognomic treatise, Xiangli Hengzhen (《相理衡真》), contains distinct discussions on each of the five features: regarding eyebrows (眉 méi), such as "Verdant eyebrows reaching the temples, one's position will reach that of a high minister (翠眉入鬓，位至公卿)"; "Eyebrows longer than the eyes indicate loyalty, uprightness, and an official salary (眉长过目，忠直有禄)"; "Eyebrows like a curved bow signify a benevolent nature, not domineering (眉如弯弓，性善不雄)," and so on. Regarding eyes (目 mù), such as "Eyes elegant and long, one will surely be close to the sovereign (目秀而长，必近君王)"; "Eyes like those of a phoenix or simurgh, one is certain to become a high official (目如凤鸾，必定高官)"; "Eyes triangular in shape, the person is certainly malicious (目有三角，其人必恶)," and so on. Regarding ears (耳 ěr), such as "Both earlobes touching the shoulders signify nobility beyond words (两耳垂肩，贵不可言)"; "Thick and drooping ear gates [area around the ear opening] signify long-lasting wealth and nobility (耳门垂厚，富贵长久)"; "Narrow and small ear gates indicate a short life and meager sustenance (耳门窄小，命短食少)," and so on. Regarding the nose (鼻 bí), such as "A nose like a cut bamboo tube signifies abundant clothing and food (鼻似截筒，衣食丰隆)"; "A high and prominent nose indicates a benevolent official destined for glory and prosperity (鼻高而昂，仁宦荣昌)"; "An irregular bridge of the nose means one will encounter hardship in middle age (鼻梁不正，中年遭困)," and so on. Regarding the mouth (口 kǒu), such as "A mouth like that of an ox signifies a worthy person (口如牛唇，必是贤人)"; "Lines above the mouth indicate that agreements will not be fulfilled (口上生纹，有约无成)"; "A wide and full mouth means one will enjoy a stipend of ten thousand zhong (口阔又丰，食禄万钟)," and so on. Because a person's external appearance is most prominently manifested in the five features, this art of physiognomizing the five features to judge or predict a person's fortunes, misfortunes, and character naturally played an important role in "Physiognomic Adjudication."

Second, summaries of the physiognomic arts in classic treatises provided theoretical guidance for "Physiognomic Adjudication." Ancient classic works on physiognomy specifically summarized "fierce and evil" appearances and "robber and thief " appearances, thereby offering theoretical guidance for judicial officials in "Physiognomic Adjudication." For example, the Xiangli Hengzhen records the following regarding "fierce and evil" appearances: "Appearance is transformed by the mind, thereby forming its shape (相由心易，所以成其形也). Those with triangular eyes have malicious hearts (眼有三角者，心恶); those with eyes like a chicken's are impetuous and malicious (眼如鸡目者，性急而恶); those with flesh growing horizontally on the face are unyielding (面肉横生者，性刚); those with eyebrows standing erect like knives are wantonly cruel (眉卓如刀者，横恶); those with an angry expression are malicious (面带怒容者，恶); those with eyes that appear bloodshot are fierce (眼中如血者，凶); those with protruding, exposed eyeballs are unyielding (眼露睛凸者，性刚); those with a protruding sternum bone are greedy and malicious (心头骨凸者，性贪恶); those with a nose like a sword's ridge are unyielding and strong (鼻如剑脊者，性刚强); those whose lips do not cover their teeth are of a malicious and eccentric nature, difficult to associate with (唇不掩齿者，性恶僻，难与交接); those with hair as stiff as bristles are disloyal and unfilial (发硬如刺毛者，不忠不孝); those with a concave chest like a trough are destitute and malicious (胸凹如槽者，穷毒); those with high flesh on the sternum are foolish and cruel (胸骨肉高者，愚狠); those with a forehead horizontally ridged like jian bamboo are fierce (额横如枧竹者，凶); those with a forehead like a split melon are fierce (额如破瓜者，凶); those with hair as short as a fist are fierce (发短如拳者，凶); those with exposed pupils and an excessively vibrant spirit are fierce (睛露而神旺者，凶)..." Regarding "robber and thief" appearances, it states: "Now, robbers (盗 dào) and thieves (贼 zéi) are both malevolent, and their physical forms and physiognomies are also distinct (夫盗与贼皆恶，形与相亦殊). Robbers often have wasp-like eyes and a tiger's mouth, sheep's eyes and snake's pupils, coarse flesh and rough hands, a large face with an insignificant nose, coarse bones with little flesh, a wide mouth without defined edges; they do not conform to their proper elemental type according to the Five Elements (五行 wǔxíng)—Metal not being true Metal, Wood not true Wood, Water not true Water, Fire not true Fire, Earth not true Earth (金不金，木不木，水不水，火不火，土不土); their eating is rapacious; their waist is stiff and chest protruding (食物猖獗，腰硬胸挺). Their voice may be powerful or coarse, hard or broken, resonant or shrill, rapid or abrupt (其声或雄或粗，或硬或破，或震或鸣，或急或促). Their gait is like a galloping horse, their sitting posture like a crouching tiger, their gaze like a shooting star, their hair like a curled fist; their appearance seems imposing but lacks spirit, often resembling fierce beasts like tigers (其行如奔马，其坐如虎踞，其视如流星，其发如拳卷，其貌似有威而无神，多出虎形恶兽之类). Thieves, on the other hand, have pointed heads and foreheads, pointed noses and mouths, a sparrow's belly and a chicken's chest, rat-like eyes and a monkey's gait, chicken's eyes and shrimp's pupils, a dog's form and a pig's gaze (为贼者，头尖额尖，鼻尖口尖，雀腹鸡胸，鼠眼猿行，鸡眼蝦睛，犬形豕视). Their eyes show more white than black; they glance sideways, furtively, downwards, or erratically (其眼白多黑少，斜视偷视下视乱视). Their voice may be dry or husky, scattered or thin, or like the cry of a monkey, the squeak of a rat, the drone of a cicada, or the chirp of an earthworm (其声或干或焦，或散或细，或如猴呼鼠啸蝉噪蚓鸣). Their movements are often flustered, their spirit as if terrified; all these fall within the category of base and ignoble physiognomies indicative of poverty and low status (行多怆惶，神如惊怖，皆出贫贱下相之内矣)."

Because the populace in traditional Chinese society largely believed in physiognomy, and many in the scholar-official class also mastered it, such summaries of "fierce and evil" and "robber and thief" appearances undoubtedly served as an important theoretical guide for judicial officials in "Physiognomic Adjudication."

(II) Literary Depictions and Real-World Reflections of Traditional “Physiognomic Adjudication”

First, judicial reflections of "Physiognomic Adjudication" and "arrow-target figures" in Gongan literature. In several famous ancient Chinese Gongan (court-case) novels, there are numerous descriptions of "Physiognomic Adjudication." For example, in the Bao Gong An (Cases of Judge Bao), during Bao Zheng’s trial of the "Case of Li Qiang’s Forced Robbery," it is recorded: "Zheng interrogated him. Li stated: 'I am not a thief, but a physician, falsely accused and brought here.' Zheng said: 'If you are not a thief, why did you privately enter her room?' Li replied: 'That woman has a peculiar illness, and she asked me to accompany her; I have regularly administered medicine for her.' After concluding the interrogation, Zheng privately pondered: 'The woman’s family has just arrived. Even if she has a peculiar illness, she should have made another appointment with you. Why would she have you travel with her? This person’s appearance resembles that of an evil-doer; he must be the thief.' Zheng did not tire of the matter, determined to get to the root of it." In the account of Bao Zheng’s trial of the "Case of Scholar Xu Accused of Rape and Murder," it is recorded: "Judge Bao observed that Scholar Xu was handsome and good-natured, seemingly not a malevolent person." In the trial of the "Case of Luo Qin Fraudulently Contesting Bi Mao's Silver," it is recorded: "Judge Bao was also adept at physiognomy. Luo Qin’s appearance was unfavorable, so he immediately ordered bailiffs to go to South Street to fetch his family members and account books. Indeed, the account books clearly recorded the sale of tin, whereupon [Bao] no longer doubted it." Similarly, Shi Shilun in the Qing dynasty frequently employed physiognomic adjudication in Gongan novels, with even more detailed descriptions. For instance, in the Shi Gong An (Cases of Judge Shi), during Shi Shilun’s trial of the "Case of a Woman Accusing Her Husband of Whoring and Gambling," it is recorded: "Shi Gong looked down and carefully observed Dong Liu’s appearance and demeanor: coarse eyebrows and large eyes, a high-bridged nose, a swallowtail mustache, around forty years of age, his face full of a fierce air, and an angry, resentful expression. After observing him, Shi Gong understood in his heart and proceeded to ask: 'What is your surname and given name? Speak quickly!'" In the trial of the "Case of the Fierce Monks," it is recorded: "Shi Gong then looked at the two monks; their faces were benevolent, both were advanced in age, and they did not look like evil-doers. He said: 'You two, return to the temple with this young monk and continue your religious cultivation!' The three monks expressed their gratitude, kowtowed, and returned to the Lotus Flower Monastery. The remaining monks all knelt. Shi Gong observed them: thick waists and broad shoulders, fierce eyebrows and malicious eyes, every one of them a lawless person."

Although these descriptions primarily originate from old novels, they should be taken as reflecting basic facts, as novels are, to some extent, a reflection of real social life. More crucially, this "physiognomy-style" adjudication was "publicly acknowledged as legitimate" in traditional local society, indicating that everyone from officials to commoners believed in the close relationship between "appearance" and "moral character"; "the learning of physiognomy" was thus deeply ingrained in people's minds. For example, Zeng Guofan was a firm believer and often personally applied physiognomy when considering appointments: "It is widely rumored in common society that Zeng Wenzheng (Zeng Guofan’s posthumous name was an expert in the art of physiognomy. When civil and military officials came to call on him, he would invariably scrutinize the abundance or meagerness of their 'fortune capacity' to determine their appointment or dismissal, as well as the importance of the positions assigned to them."

Of course, literary descriptions contain elements of artistic embellishment and often diverge somewhat from reality. The Bao Gong An, in particular, is exceptionally popular, to the extent that Hu Shi referred to Bao Zheng as an "arrow-target figure": "Since ancient times, there have been many ingenious stories of crime-solving, some recorded in historical books, others circulated among the common people. Ordinary people often do not know their origins, so these stories tend to accumulate around one or two individuals. Among these detective-like incorruptible officials, folk legends somehow selected Bao Zheng of the Song dynasty to be an 'arrow-target,' onto whom many marvelous tales of crime-solving were 'shot.'" Such an "arrow-target figure" inevitably has some fabricated stories or cases not genuinely his attributed to him. Nevertheless, it seems we should not excessively exaggerate the fictitious elements of the Bao Gong cases. Compared to the Bao Zheng in Gongan novels, the historical Bao Zheng certainly did not experience so many miraculous case adjudications. However, to cope with the apparently undiminished number of daily "lawsuits," "Physiognomic Adjudication," as both an economical and efficient judicial technique, should logically not be considered purely fictional or accidental, but rather a relatively common method of case adjudication at the time. That is to say, the frequent depiction of "Physiognomic Adjudication" in Gongan novels was a true reflection of judicial trials of that era; it is merely that, due to Bao Zheng being an "arrow-target figure," numerous such instances of physiognomic judgment became concentrated upon him. The accounts in works like the Shi Gong An are largely similar in this regard.

Second, formal records of "Physiognomic Adjudication" and the reasons for their scarcity in official documents. Apart from literary descriptions, there are indeed formal historical records of "Physiognomic Adjudication." For example, the Jiu Tangshu: Biography of Li Fan records that Li Fan was falsely accused of inciting military unrest. Emperor Dezong of Tang secretly ordered Du You to execute him, but Du You pleaded on Li Fan’s behalf. The emperor’s anger had not subsided, "yet when [Li Fan] was summoned for an audience, [the Emperor] observed his bearing and appearance (historically described as 'refined appearance and bearing'), and said: 'How could this be a person who commits evil deeds!' He was then mollified and appointed Li Fan as a Junior Compiler in the Palace Library." Emperor Dezong had intended to personally interrogate Li Fan, but upon seeing his appearance, he acquitted him and even granted him an official position—a quintessential example of "Physiognomic Adjudication." The Xin Wudai Shi: Annals of Wu records: "(Yang) Xingmi was captured as a thief, but Prefect Zheng Qi was struck by his appearance and released him from his bonds." The Songshi: Biography of Wang Kai records: "(Wang Kai) was arrested and brought to the prefectural office for trampling on civilian fields. At that time, Kou Zhun was governing Chang'an and, upon seeing him, was struck by the extraordinariness of his appearance. He interceded, saying: 'Quanbin rendered meritorious service in conquering Shu, and Shenjun died for loyalty and righteousness; their orphan should be looked after.' Consequently, Wang Kai was appointed to the Three Ranks Attendant Gentlemen and as Supervisor of Taxes in Zhouzhi, Fengxiang." The Mingshi: Biography of Shi Kui records: "During the Hongwu reign, (Shi Kui), as a student of the National University, accompanied an investigating censor on official business and was impeached by the censor and arrested. The Emperor was impressed by his appearance, released him, and demoted the censor to a clerical post in the Censorate." These cases recorded in the official histories, involving everyone from emperors to local officials, clearly feature "physiognomy-style" characteristics or elements of judging by appearance, demonstrating that "Physiognomic Adjudication" was not mere fiction.

Until the late Qing dynasty, the traditional practice of preliminarily judging potential criminality by facial features persisted. For example, in an 1879 theft case in Jinling, after three culprits were apprehended, another suspect in his twenties was caught. Without undergoing torture, he confessed fully. The local magistrate (a respectful term for a county magistrate in the Qing dynasty), "observing his appearance, found that he did not resemble a bandit, and his confession was too fluent," thus became suspicious; a retrial indeed proved him innocent. The judicial concept of the magistrate here can be categorized as "Physiognomic Adjudication." Another example is a boat robbery case in Tianjin in 1882. Three culprits were apprehended, and during the court hearing, they implicated an accomplice named Zhou Lianqi. When Zhou Lianqi was captured and brought to the yamen for interrogation, "Magistrate Bao (Sima being an official title) observed his appearance, which was not at all fierce or aggressive, and fearing an injustice, he specifically reported to the Circuit Intendant for a detailed trial." Although Zhou Lianqi was eventually found to be an accomplice, Magistrate Bao's reliance on physiognomic assessment is evident. Furthermore, in 1887, a detective in the Shanghai French Concession arrested a suspect surnamed Zhou for stealing socks. The Sima, seeing that "Zhou’s appearance was fierce and evil, knew he was not of a good sort," consequently "interrogated him further."

In judicial practice, "Physiognomic Adjudication" served more as a subjective, preliminary judgment of whether a crime had been committed, rather than a factual determination based on evidence. The establishment of evidence still required material proof, witness testimony, and the suspect's confession. It can be said that traditional law never stipulated "Physiognomic Adjudication" as a necessary means or mandatory procedure for adjudicating cases; it was more an application of an official's personal experience and was thus not considered appropriate for confirmation or promotion in official documents.

(III) The Objective Empirical Value of Traditional “Physiognomic Adjudication”

First, the concept of “appearance is born from the mind/heart” (相由心生 xiāng yóu xīn shēng) provided correlational support between facial features and mental disposition for “Physiognomic Adjudication” . Although from the perspective of modern science, Physiognomic Adjudication in the judicial domain is certainly difficult to believe, or even incredible, just as “science” cannot be equated with absolute truth, from the standpoint of traditional Chinese judicial experience, Physiognomic Adjudication still possessed a certain value and significance. Within traditional Chinese culture, especially in “Physiognomy” (面相学 miànxiàngxué), the experience-based concept of xiāng yóu xīn shēng offered support for this correlation. 

The “appearance” (相 xiāng) in xiāng yóu xīn shēng is not “born from the mind” in an instant, but is rather a continuous, accumulative process. This phenomenon was fully affirmed by Confucian classics. For instance, the Liji (Book of Rites), in the chapter ‘Jiyi’ (‘The Meaning of Sacrifices’), records: ‘A filial son who has profound love will certainly have a harmonious disposition (和气 héqì); one with a harmonious disposition will certainly have a pleasant countenance (愉色 yúsè); one with a pleasant countenance will certainly have a gentle demeanor (婉容 wǎnróng).’ It is impossible for a filial son’s piety to be momentary; the long-term influence of a ‘harmonious disposition and pleasant countenance’ on his facial appearance is undeniable. In traditional Physiognomy, xiāng yóu xīn shēng was repeatedly emphasized. For example, the chapter ‘Mai’s Physiognomy of the Mind’ in The Divine Physiognomy of Mai (麻衣神相 Máyī Shénxiàng) from the Northern Song Dynasty states: ‘If there is mind but no [corresponding] appearance, appearance will arise following the mind; if there is appearance but no [corresponding] mind, appearance will fade away with the mind. Though these words are simple, they truly capture the subtlety of the principles of human relations.’ It can be said that xiāng yóu xīn shēng indeed ingeniously grasped the core principles of human relations. The renowned Qing Dynasty physiognomic text The True Measure of Physiognomic Principles (相理衡真 Xiàng Lǐ Héng Zhēn) further elaborated on this from the perspective of the ‘theory of changing appearances’ (变相论 biànxiàng lùn): ‘Appearance can change; as the mind inclines, so appearance follows and transforms. It is like the handle of the Big Dipper: when it points east, it is spring; when it points south, it is summer. The mind is like the Dipper’s handle, and appearance is like spring and summer.’ It further explained: ‘Suppose someone has an appearance of poverty and originally belongs to a malevolent sort, but suddenly realizes their past wrongs, resolves to do good, and widely accumulates merit and virtue; then their appearance will change into a form of wealth and nobility. This is the principle of having mind but no [initial corresponding] appearance, and appearance arising with the mind. Suppose someone has an appearance of wealth and nobility, but indulges in extreme luxury, commits all kinds of evil, and gives free rein to their harsh nature without realizing it; then their appearance will change into a form of poverty. This is the principle of having appearance but no [sustaining] mind, and appearance fading away with the mind.’ The story of ‘Pei Du returning the belt’ (裴度还带 Péi Dù huán dài) may serve as an annotation to this ‘theory of changing appearances.’ Therefore, it was not impossible for judicial officials to discern clues from facial features. 

In reality, not only did indigenous Chinese culture emphasize xiāng yóu xīn shēng, but Buddhist culture, upon its introduction to China, also esteemed this concept, using it to propagate the idea of karmic retribution for good and evil deeds, and to encourage believers to abandon evil, cultivate good, and thereby attain blessings. Although the “appearance” (相 xiāng) in the Buddhist understanding of xiāng yóu xīn shēng primarily referred to all ‘external manifestations’ corresponding to the ‘inner mind,’ under the influence of indigenous Chinese culture, believers from all social strata mostly conflated xiāng with ‘facial features’ (面貌 miànmào), ‘appearance’ (相貌 xiàngmào), and the like. This was because they believed that a person’s inner world had a significant shaping effect on their physical form, especially their facial features. It can be said that there was both affirmation and propagation from indigenous Chinese culture, as well as an objective congruence and reinforcing impetus from the input of Buddhist culture. 

Second, the emphasis placed on physiognomic arts by traditional Chinese medicine (TCM) propelled the effective application of Physiognomy and Physiognomic Adjudication. Physiognomic arts, which matured based on the concept of xiāng yóu xīn shēng, held an important position in the field of TCM and were promoted by medical science. Sun Simiao (孙思邈), in ‘On the Studies of Great Physicians’ (‘大医习业’ Dàyī Xíyè) from his Essential Formulas Worth a Thousand Gold for Emergencies (备急千金要方 Bèijí Qiānjīn Yàofāng), mentioned: ‘Anyone aspiring to be a great physician must be well-versed in Suwen (Plain Questions素问), Jia Yi (甲乙, [TN: Jia Yi (甲乙) is likely a shorthand for the Zhenjiu Jiayi Jing (针灸甲乙经, The A-B Classic of Acupuncture and Moxibustion), an important Jin Dynasty text on acupuncture and moxibustion compiled by Huangfu Mi (皇甫谧), which itself draws heavily from earlier works including the Huangdi Neijing.]) , Huangdi Zhenjing (黄帝针经, The Yellow Emperor’s Canon of Acupuncture [TN: Huangdi Zhenjing (黄帝针经) is generally understood to refer to the Lingshu Jing (灵枢经, Spiritual Pivot), one of the two main parts of the Huangdi Neijing (黄帝内经, Yellow Emperor’s Inner Canon), a foundational text of traditional Chinese medicine.])… and other medical classics and formularies. Furthermore, one must have a profound understanding of yinyang and destiny calculation (阴阳禄命 yīnyáng lùmìng), the various schools of physiognomic methods (诸家相法 zhūjiā xiàngfǎ), as well as scapulimancy and plastromancy involving the five omens (灼龟五兆 zhuóguī wǔzhào), and The Book of Changes (Zhouyi 周易) and Liu Ren (六壬) divination. One must be thoroughly proficient in all these; only then can one become a great physician.’ According to this, proficient mastery of physiognomic arts (zhūjiā xiàngfǎ) was an essential prerequisite for becoming a ‘great physician.’ Traditional Chinese medicine employs inspection (望 wàng), listening and smelling (闻 wén), inquiry (问 wèn), and palpation (切 qiè) as diagnostic methods, with ‘inspection’ (望诊 wàngzhěn) ranking first among these ‘four diagnostic methods’ (四诊 sìzhěn). Sun Simiao, in ‘Complexion and Pulse’ (‘色脉’ Sèmài) from his Supplement to the Essential Formulas Worth a Thousand Gold (千金翼方 Qiānjīn Yìfāng), stated: ‘A physician who, though skilled in pulse diagnosis, does not know how to observe complexion and vital energy (气色 qìsè), will ultimately fail to grasp the essential subtleties. Therefore, it is said: Superior physicians observe the complexion, mediocre physicians listen to the sounds, and inferior physicians feel the pulse. This indicates that when a person’s health flourishes or declines, their complexion is the first to show it on the face. Thus, a skilled physician must be perspicacious regarding the five colors (五色 wǔsè) in order to determine life and death and resolve doubts.’ Clearly, ‘discerning illness by observing complexion’ (察色知病 chásè zhībìng) was considered the highest attainment for a physician. 

Evidently, Sun Simiao regarded physiognomic arts as an essential prerequisite for being a ‘skilled physician,’ believing that these arts could provide powerful technical reinforcement for ‘inspection’ (wàngzhěn). This offered crucial support for the enduring status and application of physiognomic arts (especially facial physiognomy, miànxiàngshù) within traditional medicine. Moreover, it is self-evident that physiognomic arts had a long-term, significant impact on the life-world of ancient Chinese people who relied on TCM for treating illnesses. Of course, while physiognomic arts, on the one hand, were transmitted in a medicalized manner through the platform of TCM, on the other hand, they continuously enhanced their own level of 'reading' people by fully absorbing the nourishment of TCM, thereby gaining broader social acceptance. Research has indicated that although physiognomic arts and TCM’s ‘inspection’ may appear to be two different schools of ‘arts of formulas and techniques’ (fāngjì zhī xué), they had points of exchange and interaction in their respective operational practices, each borrowing content from the other to address its own deficiencies. The interaction with medicine, particularly medical support, further entrenched physiognomic arts (especially facial physiognomy) and their underlying xiāng yóu xīn shēng concept deeply in people’s minds, ensuring their lasting prevalence, and consequently promoted the application and effectiveness of Physiognomic Adjudication in the judicial domain. 

Third, the system of selecting officials based on appearance throughout successive dynasties indirectly corroborates the objective value of Physiognomy and appearance assessment. Under the strong influence of the xiāng yóu xīn shēng concept, judging a person’s character by their appearance, and even using it as one of the criteria for selecting officials, yielded the institutionalized practice of ‘judging people by their appearance’ ( yǐmàoqǔrén). During the Warring States, Qin, and Han periods, the selection of officials already began to favor those with good looks. Particularly in the Han Dynasty, selecting officials by appearance was commonplace; not only were there appearance requirements for certain specific positions, but emperors also frequently favored judging candidates by their appearance. This was undoubtedly a manifestation of the aristocratic class’s emphasis on ceremonial comportment (rónglǐ) and the requirement for a dignified bearing (wēiyí) since the pre-Qin era. Officials with an imposing appearance could not only foster harmonious relationships within officialdom but also represent the image of the government and establish official authority in ruling the populace. However, it must be acknowledged that the preference for appearance was inevitably influenced by the physiognomic concept of xiāng yóu xīn shēng, which held that an imposing appearance generally reflected excellent inner virtue—a core element for officialdom. By the Tang Dynasty, the criteria of ‘physique, speech, calligraphy, and judgment’ (shēn, yán, shū, pàn) were explicitly established for official selection, formally making appearance an institutionalized standard. Besides the continuation of the concept of dignified bearing, the influence of facial physiognomy (xiàngmiànshù), which was highly popular during the Sui and Tang dynasties, was a significant contributing factor. By the Ming and Qing dynasties, the importance of appearance in official selection greatly increased. In the Ming Dynasty, appearance assessment constituted a large component of the evaluation for appointing officials, and in the palace examination (diànshì), appearance could even determine the zhuangyuan (top-ranked scholar). The ‘Grand Selection’ (dàtiāo) system, established during the Qing Dynasty outside the regular civil service examination track, primarily used appearance as its main criterion for selecting officials. 

It can be said that while the system of selecting officials by appearance certainly had its shortcomings, from the perspective of traditional Physiognomy’s xiāng yóu xīn shēng, it was an undisputed popular belief that those with good appearances were often considered to possess excellent inner qualities, while the opposite was often thought for those with unattractive features. In reality, the concept of dignified bearing (wēiyí), inherited from the pre-Qin ritual system lǐzhì), while emphasizing a person’s external appearance, essentially valued inner moral character. From this viewpoint, it was spiritually consistent with Physiognomy’s xiāng yóu xīn shēng; the two complemented each other, jointly promoting the formation and inheritance of the traditional Chinese system of ‘recommending individuals by appearance’ (yǐmào jǔrén). Although ‘selecting officials by appearance’ and Physiognomic Adjudication were indeed two different matters, the concept and practice of observing inner qualities based on outward appearance can indirectly corroborate the theoretical legitimacy and objective value that the ancients ascribed to predicting inner evil and potential criminality through facial features. 

Although Physiognomic Adjudication could not be one hundred percent accurate, and may even have had a considerable error rate or deviation, its inherent rationality cannot be entirely dismissed. While it cannot be excluded that in Chinese history, people—influenced by preconceived notions—may have recorded and interpreted instances of physiognomy’s ‘efficacy’ (língyàn) in a selective, strategic, or even contrived manner, the rationality of xiāng yóu xīn shēng and Physiognomic Adjudication still cannot be easily negated. Although experience does not equate to science, long-term empirical observation and its summarization can often form objectively existing scientific factors, or tend towards a kind of ‘empirical science’ (jīngyàn kēxué). In fact, relevant research in modern fields such as biology and psychology seems increasingly able to provide a certain scientific basis for the idea that ‘a person’s character can be judged by their appearance’ (rén kě màoxiàng). Therefore, we must rationally acknowledge the empirical value of judging a person’s inner qualities through their facial features.

2 Western Impact: The Modern Fate of Traditional "Physiognomic Adjudication"

In modern Chinese society, with the influx of Western legal culture, traditional “Physiognomic Adjudication”  and its theoretical foundation, Physiognomy (miànxiàngxué), were influenced and even greatly impacted by Western criminological theories. From the late Qing Dynasty to the Republican era, they experienced a tortuous process, transitioning from active introduction to a forced struggle for survival.

 

(I) Lombroso’s Criminological Theory in the Late Qing: Its Initial Embrace by Reformers and Subsequent Decline Amidst Legal Revisions

First, Western “Physiognomy” and Lombroso’s “born criminal” theory. Similar to the Physiognomy (面相学 miànxiàngxué) of traditional Chinese society, a corresponding theory, namely “Physiognomy” (观相学 guānxiàngxué), actually existed quite early in Western history and was continuously transmitted. Western Physiognomy (guānxiàngxué) emerged as early as ancient Greece, where it was esteemed and practiced by Pythagoras and his disciples; both Plato and Aristotle paid attention to it. In ancient Rome, Cicero defined Physiognomy (guānxiàngxué) as “the art of discerning habits and temperament through the constant observation of bodily features such as a person’s face, eyes, and forehead.” By 1598, Giambattista della Porta (贝普斯德•庖特 Bèipǔsīdé Pàotè) published De Humana Physiognomonia (《人类面相学》 Rénlèi Miànxiàngxué, Human Physiognomy), making him the founder of modern physiognomy. Subsequently, Johann Kaspar Lavater published Physiognomische Fragmente zur Beförderung der Menschenkenntnis und Menschenliebe Piànduàn, Physiognomical Fragments for the Promotion of the Knowledge and Love of Mankind), which formed the basic system of Western Physiognomy (guānxiàngxué). Works such as Alexander Walker’s (亚历山大•沃克 Yàlìshāndà Wòkè) Physiognomy Founded on Physiology (《基于生理学基础上的观相学》 Jīyú Shēnglǐxué Jīchǔ shàng de Guānxiàngxué) and J.W. Redfield’s (瑞德弗尔德 Ruìdéfúěrdé) Outline of a New System of Physiognomy (《新观相学体系概要》 Xīn Guānxiàngxué Tǐxì Gàiyào) can be said to have developed and formed a more refined system of Physiognomy (guānxiàngxué). With the rise of modern Western science, “Phrenology” (颅相学 lúxiàngxué) developed alongside Physiognomy (guānxiàngxué) at the end of the 18th century. Although Phrenology (lúxiàngxué), supported by anatomy and physiology, exhibited a ‘scientific’ appearance, its general practice and experience of judging inner qualities by observing the external features of the human skull were not fundamentally different from Physiognomy (guānxiàngxué), and there were numerous overlaps. For this reason, Phrenology (lúxiàngxué) actually reawakened the deeply rooted Western concept of Physiognomy (guānxiàngxué), not only promoting the expansion of Physiognomy’s (guānxiàngxué) influence but also becoming the most popular form of ‘science’ among the masses in the 19th century.

The theory of Physiognomic Adjudication  in traditional Chinese justice also had parallels in the Western world. A modern scholar writing under the pseudonym 'Di An' (迪庵 Dí Ān) once argued: 'In the Middle Ages, for instance, Robertus (罗栢钮氏 Luōbǎiniǔ shì) often said that the faces of criminals mostly resembled those of beasts, their heads necessarily large, their profiles obviously prominent, and the muscles of their necks and for mastication constantly active. Gallus (贾拉斯氏 Jiǎlāsī shì), on the other hand, stated that criminals often had narrow foreheads and underdeveloped posterior parts of the head… Thus, a famous judge of that time, Resila (雷西拉氏 Léixīlā shì), upon seeing the face of an accused person, would first examine their head to decide on imprisonment or release, and was almost invariably correct.’ However, the most famous of these is undoubtedly Cesare Lombroso’s (龙勃罗梭 Lóngbóluósuō, 1836–1909) theory of the “born criminal” (天生犯罪人 tiānshēng fànzuìrén). Through methods such as physiognomic and phrenological observation, physical measurement, and autopsy of soldiers, mental patients, and criminals, Lombroso discovered that good and bad individuals exhibited distinct differences in temperament and physical characteristics. Specifically, Lombroso dissected the crania (skulls) of 383 deceased criminals and found a series of anatomical features different from those of normal people. Based on this, Lombroso proposed the “born criminal” theory, asserting that criminals were savages born in a civilized age, whose biological characteristics predetermined their criminality from birth. These abnormal biological traits were said to be inherited through atavism (返祖现象 fǎnzǔ xiànxiàng). Particularly in external physical features, criminals differed from ordinary people in many aspects, often presenting with small heads, wide bizygomatic diameters, receding foreheads, developed jaws, prominent temporal arches, protruding lower temporal bones and cheekbones, prognathism, oblique eye sockets, handle-shaped ears, thin lips, dense hair, and sparse beards. Although this theory sparked considerable controversy in the West, and no historical materials reflect judicial practices of convicting individuals solely based on it, it significantly propelled the innovative development of modern criminology and criminal law.

Second, the active introduction of Lombroso’s “born criminal” theory by the Reformists. Lombroso’s “born criminal” theory was introduced into China during the late Qing Reform Movement (维新运动 Wéixīn Yùndòng) through the writings of an American. In 1898, the New Compilation of Writings for Managing the World from the August Dynasty (皇朝经世文新编 Huángcháo Jīngshì Wén Xīnbiān), compiled by Mai Zhonghua (麦仲华), was published by the Shanghai Datong Translation Bureau. This book was conceived by Liang Qichao (梁启超), a representative figure of the Reform Faction (维新派 wéixīnpài) at the time. Its selections were mostly drawn from reformist newspapers such as The Times Current Affairs (时务报 Shíwù Bào), and it specifically collected discourses of Chinese and foreign individuals well-versed in current affairs, aiming to transform the social climate and advocate for reform. In Volume 20, Part 2, under the section ‘Scholarship’ (‘学术’ Xuéshù), an article by an American, Yan Dichen (晏地臣 Yàn Dìchén), titled ‘On the Brain’ (‘论脑’ Lùn Nǎo), stated: ‘There is one Lin Bu Luo Sao (林布罗扫) [Lombroso]… He has ascertained that individuals whose appearance deviates from the norm are more likely to commit crimes, especially those with irregular heads and faces. If the five sense organs are well-proportioned and the bone structure is regular, such individuals rarely commit offenses. It is observed that those who do not fear the nation’s laws often have heads and faces that are too broad or too long, their jawbones protrude, and their ears extend too horizontally, rarely meeting the standard of regularity. The British Medical Association once tasked an official with investigating the innate qualities of students in schools and found that if their ears were misshapen, thin, or deficient, their brainpower was also insufficient, and their intelligence very weak. There was a Dr. Ling Dun Dang (凌顿当) [e.g., Dr. Lyttelton/Linton?], who found that the bone structures of mediocre and dull youths, Mongolians, and Black people were very similar. Setting aside the theories of predecessors for the moment, let us take observed facts as evidence. Every type of human has its own character, and their facial features are naturally different; various diseases also present with different facial features, all resulting from changes in internal and external flesh and bone, forming a certain character or disease. However, having observed many people, one knows that criminals, the insane, the foolish, and the ambitionless often have irregular bone structures and facial features, and this becomes more pronounced over time, much more so than in upright and wise individuals.’ The ‘Lin Bu Luo Sao’ mentioned here is Lombroso. This quoted passage not only summarizes Lombroso’s view that criminals have distinctive appearances but also reflects the theory’s significant influence in the West (such as in Britain and America), where it received medical endorsement.

The Reformists intended the publication of this book to disseminate new learning for the reform movement and to shape public opinion; their objective was naturally clear. The remarks by Chinese and foreign figures they meticulously compiled did indeed reflect new global developments, especially those in the West. However, unexpectedly for the Reformists, the “born criminal” theory of Lombroso they propagated was not as ‘new’ as imagined, because traditional Chinese society had long possessed and consistently applied Physiognomic Adjudication . Of course, Lombroso derived his theory primarily through methods such as autopsies and statistical analysis of physical features, whereas traditional Chinese society relied mainly on the empirical summaries of Physiognomy (miànxiàngxué). From the perspective of the rise of new modern Western knowledge, Lombroso’s theory possessed a certain ‘scientific’ nature in an empirical sense, while traditional Chinese Physiognomic Adjudication  was almost purely based on experiential observation. This could be considered the difference between the two, and perhaps it was why the Reformists deemed Lombroso’s theory ‘new’ and introduced it through the writings of an American. Nevertheless, this author believes that, as the saying goes, ‘all roads lead to Rome’ (殊途同归 shūtú tóngguī); in that both judge a person’s potential or likelihood of criminality based on biological attributes, i.e., physical appearance, they share an essential commonality. Due to the limits of my research, I have not yet found records of the reaction to Lombroso’s theory among Chinese people, especially judicial officials, after the book’s publication. However, it is conceivable that the possibility of the two resonating with each other, even promoting the use of Physiognomic Adjudication  in judicial practice, cannot be excluded. Thus, the introduction of Lombroso’s “born criminal” theory at that time objectively intersected with and even potentially resonated with traditional Chinese Physiognomic Adjudication  in judicial practice—a consequence perhaps unforeseen by the reformist figures.

Third, the strong criticism of Lombroso’s “born criminal” theory by Ogawa Shigejiro during the late Qing legal reforms. However, this intersection and potential resonance did not last long. With the swift suppression of the Reform Movement and the Qing court’s subsequent forced implementation of its own reforms, particularly with the participation of Japanese legal scholars in legal revisions, Lombroso’s “born criminal” theory encountered significant opposition at the official level. To reform the prison system, in 1907 the Qing court invited the Japanese penologist Ogawa Shigejiro to lecture on penology at the Imperial Capital Law School. During this period, Ogawa Shigejiro strongly criticized Lombroso’s “born criminal” theory: ‘The Italian scholar Lombroso, most famous for his work in criminology, stated: Criminals possess characteristic physiological structures that are not easily changed. This theory was endorsed by many scholars, but based on the results of contemporary research, it is known to be largely unreliable. While it is true that the majority of criminals may possess certain characteristics, it is also common for law-abiding citizens without criminal tendencies to exhibit features that correspond to these so-called characteristics. …However, among criminals, there are indeed several peculiar types of appearance commonly recognized by various scholars, yet this applies only to European races, and indeed, only to the Italian race. If his words were taken as a standard, then almost no member of the Asian races would be free from criminality. In terms of morality, the East is superior to the West, yet they [Lombroso’s followers] have gone so far as to proclaim that all Asians possess criminal natures; the absurdity of this assertion is evident.’ Ogawa Shigejiro’s critique perhaps involved a degree of misinterpretation stemming from an over-extension of Lombroso's ideas, as Lombroso did not explicitly state that the appearance of the ‘born criminal’ had universal applicability across races beyond Italians. However, Ogawa’s opposition to the theory due to its lack of comprehensiveness is clear.

Ogawa Shigejiro further criticized the reversal of cause and effect in Lombroso’s research: ‘Their studies on the characteristic appearance of criminals are all based on prison inmates. People who have lived in prison for a long time lead a particular kind of life, and their appearance will inevitably differ from that of ordinary people; this is not surprising. Thus, crime is the cause, and appearance is the result. How can one take the result as the cause and consider it reliable?’ Not only that, but Ogawa Shigejiro also lamented: ‘Fortunately, this school of thought has not been implemented. If it were, anyone with characteristic features, even if they had not committed a crime, ought to be killed or imprisoned for life. There would be no need for judges; doctors would suffice. There would be no need for police officers; physiognomists would suffice. Therefore, scholars call this school of thought the nihilists in criminology, and its harm is not superficial.’ Ogawa Shigejiro’s strong criticism and dissatisfaction are evident, naturally influencing the Qing officials’ judicial trial reforms. Logically, the assertions in Lombroso’s “born criminal” theory regarding the physical characteristics of criminals were highly compatible with traditional Chinese Physiognomic Adjudication in judicial practice and should have been warmly welcomed by the judiciary. However, during the legal reforms of the late Qing period, the experience and theory of Physiognomic Adjudication, which pertained to evidence collection in traditional justice, had to give way to the evidentiary rules of the Western continental law system. At this juncture, Ogawa Shigejiro’s comprehensive official-level repudiation of Lombroso’s “born criminal” theory dealt a severe blow to traditional Chinese Physiognomic Adjudication in practice, hastening its rapid decline during the late Qing legal reforms.

(Ⅱ)  The Republican Period: The Contention between Traditional “Physiognomic Adjudication” and Western “Criminal Phrenology”

First, the “scientific” perception of Western “criminal phrenology” , as represented by Lombroso, at the societal level during the Republican era. The denigration and rejection of Lombroso’s “born criminal” theory during the late Qing legal reforms did not mean that society in the ensuing Republican period would follow suit. In 1919, a book titled Phrenology , authored under the pseudonym 'Feng Pingsheng', was published. It attempted to provide an introductory explanation of phrenology from a scientific perspective, aiming to bring it into the fold of modern science. This book was not influenced by Ogawa Shigejiro’s criticisms; instead, it referred to Lombroso’s “born criminal” theory as “criminal phrenology” (fànzuì gǔxiàngxué) and praised it highly: “Phrenology originated in Greece… and has been transmitted for 1,757 years… Later, scholars increased in number, and Mr. Cesare Lombroso blazed a new trail, creating a sub-discipline of criminal phrenology, greatly benefiting the scientific world; his contribution was by no means small.” Under the heading ‘Application in Legal Studies’, it further affirmed: “The theory of criminal phrenology by Mr. Cesare Lombroso (仑古罗逊氏 Lúngǔluóxùn shì), the founder of the empirical school of criminal law, and the theories of Mr. Alphonse Ber Jun, are both excellent aids in criminal law and judicial practice. A summary is presented as follows: Mr. Cesare Lombroso stated that a prisoner’s crime is not committed at the moment of the offense. Rather, their innate nature possesses the disposition for criminality. To study this matter, Mr. Lun collected numerous skulls of executed criminals. After many years of research, he published his results, thereby obtaining firm evidence that criminals’ cranial features all exhibit special forms, and thus established the school of criminal phrenology.” The aforementioned ‘Cesare Lombroso’ or ‘Cesare Lombroso’ both refer to Lombroso. The author believed that his “criminal phrenology” was scientific and a valuable aid to criminal justice.

Evidently, Lombroso’s “born criminal” theory, which had been attacked by Ogawa Shigejiro, became the “scientific” discipline of “criminal phrenology” during the Republican era. The book Phrenology  was published at a time when various intellectual currents of the “May Fourth Movement” were surging, and intellectuals were enthusiastically championing the banner of Western “science.” Lombroso’s “born criminal” theory, primarily founded on the “scientific” basis of anatomy, naturally gained the favor of discerning individuals at the time. This was not limited to this book; under the influence of the modern scientific trend, people widely cast appreciative glances at Western phrenology and its practice of “discerning criminality by appearance”. For example, an author writing under the pseudonym 'Juan Shang'  published an article in Youth Progress endorsing the “born criminal” theory. Furthermore, a translated text mentioned: “In recent times, a highly philosophical and mystical study of worldly affairs called phrenology has gradually become popular and widely studied by the general populace. Of course, this is not an illusory or superstitious matter, but rather a philosophical science with correct principles and pure reasoning.” This regarded phrenology as a “correct” and “philosophical” “science.” The media also reported instances of Western phrenologists identifying criminals by appearance: “There is a phrenologist in the United States who can discern a person’s character and occupation from their body and hands, never erring. Even with criminals, this scholar can understand what crime you (女 nǚ [a likely misprint for 汝 rǔ, meaning ‘you’]) have committed by examining your body and hands. He has now been hired by a certain court in New York.” Such reports undoubtedly promoted the Chinese people’s perception of Western “criminal phrenology” as an “empirical science.” In summary, with the spread of the concept of “science” in the Republican era, especially propelled by the May Fourth Movement, Western “criminal phrenology,” represented by Lombroso’s “born criminal” theory, was fully endowed with “scientific” attributes.
Second, official endorsement of Lombroso’s theory and the designation of traditional physiognomy as superstition. Of course, some people also held skeptical views towards Western “criminal phrenology.” In 1922, the book Lombroso’s Criminology , translated by Liu Linsheng, was published. In the ‘Introduction,’ the translator, citing the American sociologist Charles A. Ellwood, criticized Lombroso’s “born criminal” theory for being entirely rooted in biological concepts, deeming it ‘apparently unfounded.’ In 1935, the author writing under the pseudonym 'Di An' opined: ‘Regarding whether criminals have special cranial features, the method for studying this issue cannot rigidly adhere to ancient theories, yet it is a matter of everyday observation; there are those with fierce and vicious faces who are presumed to be evil, and there are also criminals who appear kind and incapable of evil, yet their criminal records show the exact opposite.’ He ultimately concluded: ‘To determine criminality based on cranial features should be impossible in the modern age. As for the so-called born criminals among offenders, i.e., hereditary criminals, they seem to be closely related to stereotyped appearances, especially Lombroso’s stereotyped appearances, which do provide a considerable standard for such criminals and should not be overlooked. Since born, hereditary criminals can indeed be recognized as those appearing in the modern era through indirect inheritance from savages, this can also be seen as the origin of special stereotypes. From a statistical perspective throughout history, they are but a few in tens of thousands. Therefore, it is generally advisable to consider appearance as unrelated to crime. Those who, in searching for criminals, suddenly have a sixth sense about finding the true culprit, definitely do not rely solely on cranial features. If one clings to the view of criminal phrenology, one will inevitably suffer from conceptual bias.’ Although the author specifically mentioned the need to pay attention to Lombroso’s “born criminal” theory, he did not endorse this phrenological view of crime from statistical or psychological standpoints.
However, despite such criticisms, they did little to affect the popularity of Western “criminal phrenology,” which was lauded for its “scientific nature”; even officials subjectively provided a certain impetus. In 1929, a translation of Lombroso’s Theory of the Criminal Man , written by Lombroso’s daughter Gina, was published with a preface by Dai Jitao. Chapter Seven of the book emphasized that the “congenital criminal” was merely from Lombroso’s early research, and that he later “also observed the causes of crime from a social perspective.” Therefore, “crime is not purely a biological phenomenon but, like mental illness or suicide, is a biological and social phenomenon.” It classified criminals into categories such as “congenital criminals”, “moral imbeciles”, “insane criminals”, “occasional criminals”, and “criminals by passion”. Although Gina provided this clarification, the foundation of Lombroso’s “born criminal” theory remained, after all, primarily biological. Dai Jitao’s preface, affirming this book and his admiration for Lombroso’s criminology, tacitly lent a form of official endorsement to Lombroso’s “born criminal” theory.

In contrast to Lombroso’s “born criminal” theory receiving official endorsement due to its “scientific” attributes, traditional physiognomy was labeled a “superstition.” In 1928, the Ministry of the Interior of the Nationalist Government promulgated the Measures for Abolishing Divination, Astrology, Physiognomy, Shamanism, and Geomancy. Article 1 stipulated: “Practitioners of divination, astrology, physiognomy, shamanism, geomancy, and other trades that propagate superstition in various localities shall be compelled by provincial and municipal governments, which shall direct public security bureaus, to switch to other legitimate occupations within three months of receiving this order.” The term “physiognomy” (相 xiàng) within “divination, astrology, and physiognomy” (卜筮星相 bǔshì xīngxiàng) referred to “physiognomic arts” (相术 xiàngshù), primarily facial physiognomy or phrenology (骨相术 gǔxiàngshù), although it was customarily combined with astrology under the term “astrology and physiognomy” (星相 xīngxiàng). Thus, physiognomic arts were designated as “superstition” and targeted for abolition. Of course, considering that superstitions like divination and astrology were deeply ingrained in the public consciousness and had many practitioners, the Measures for Abolishing Divination, Astrology, Physiognomy, Shamanism, and Geomancy required governments to urge public security bureaus to first publicize the harms of superstition, encouraging practitioners to realize their errors and change professions. For those who still defied the order and continued their business after the deadline, the public security bureau was to compel them to change occupations. Naturally, because trades like “astrology and physiognomy” had profound social and cultural roots, they could hardly be eradicated by a mere government decree. Although the Nationalist Government consistently sought to ban these so-called “superstitious” professions, it fell far short of its intended goals.

Third, the survival struggle of traditional physiognomy and the opportunistic actions of “Physiognomic Adjudication.” In the process of abolishing various superstitious trades at that time, not only were intractable problems of career transition encountered, but also petitions and obstructions from practitioners. From the perspective of the physiognomic arts industry, resistance and self-justification were particularly mounted from a professional angle comparing Chinese and Western physiognomic arts. The Republican-era master of destiny calculation and physiognomy, Yuan Shushan (袁树珊 Yuán Shùshān), was a typical representative. In his book An Inquiry into the Origins of Chinese and Western Physiognomy, when introducing “New Western Physiognomic Arts,” he said: “Dr. Blackford of the United States is a scientist. Given the vast differences in human character, he, relying on thirteen years of investigation spanning sixteen countries, finally invented a new type of physiognomizing technique. …What are its methods? They are merely: organization, build, color, form, structure, density, coordination, expression, and experience or utility. Comparing this with the physiognomizing techniques of our country’s ancient sages, which discuss the length and size of the build, the plumpness or thinness, softness or hardness of the muscles—these seem no different from their [Western methods’] organization, build, form, and structure. Our ancient sages’ physiognomizing techniques discuss the thickness or sparseness of eyebrows, the depth or shallowness of eyes, the straightness or crookedness of the nose, the thickness or thinness of ears, the correctness or slant of the mouth, as well as the brightness or dullness of qi and complexion, the clarity or turbidity of the voice, and the abundance or lack of spirit—these seem no different from their color, density, coordination, expression, experience, and utility. …It is thus evident that though people may be Chinese or foreign, the principles are not different. Our country… is the ancestor of the cultures of all nations on Earth. Yet, people today are mostly indifferent and forgetful, often despising the old and delighting in the new, abandoning the root for the branch. Not only are the great ways of human relations neglected, but even the ordinary learning of knowing and recognizing people is solely focused on Western studies. How lamentable! This piece is recorded here to offer to fellow enthusiasts. Readers should use discerning eyes to judge its refinement and coarseness, and not be shocked merely because it bears the three words ‘scientificized’.” This passage asserts that the essential content of the so-called “scientificized” “New Western Physiognomic Arts” is in fact “no different in principle” from the physiognomizing techniques of ancient Chinese sages. Yet, lamentably, contemporary people valued the West while forgetting China, abandoning the root for the branch. Moved by this, he added the postscript “Respectfully Noted by Shushan” as a reminder to his compatriots. The publication background of An Inquiry into the Origins of Chinese and Western Physiognomy was the Nationalist Government’s 1928 intention to ban trades like divination and astrology. Because this book both described the profundities of traditional physiognomic methods and incorporated the conciseness of Western physiognomic arts, and furthermore, expounded on the “correspondence of principles” and “sameness of principles” between Chinese and Western systems, it won widespread acclaim from various social circles. Tan Yankai, then Premier of the Executive Yuan, highly esteemed this book, which provided an opportunity to defend the physiognomy community, thereby averting the doom of the entire physiognomy trade, especially facial physiognomy, from being banned. Undoubtedly, Yuan Shushan, as a renowned master of physiognomic arts, through his comparison of Chinese and Western methods, not only clarified the public’s misconception of exclusively valorizing Western physiognomy but also undeniably restored a certain confidence in traditional Chinese physiognomy. As for criminology, some also equated the so-called Western “criminal phrenology” with traditional Chinese “Physiognomic Adjudication”: “Western experts studying the causes of crime broadly categorize them into three types: hereditary, environmental temptation, and morphological. Regarding the morphological, there are six types, which are particularly interesting and might also be mutually illuminating with our country’s physiognomy (相面 xiàngmiàn). Therefore, they are translated for the reference of our country’s skilled physiognomists.” This effectively suggests that although Western “criminal phrenology” had its unique features, it still shared common ground with China’s traditional Physiognomic Adjudication and was not an inherently superior discipline.

It can be said that precisely because masters of destiny calculation and physiognomy like Yuan Shushan and other individuals made efforts to provide syncretic explanations of Chinese and Western practices, traditional physiognomy was not only undefeated by “scientific” Western phrenology but also stood firm and even permeated criminal justice. Tao Xingzhi, who became a columnist for Shen Bao  by invitation in 1931, once published an article titled ‘The Strategists of Old and New China’ in his column Talks from the Studio Where Weeds are Not Removed from the Courtyard , stating: ‘China is now a democratic country, and the common people are frankly and unceremoniously acting like Adou. But Adou would lead his country to ruin without a Zhuge Liang. Who is our Zhuge Liang? …Who would you say are the strategists holding supreme authority in China today? Planchette writers, fortune-tellers, physiognomists, diviners, character analysts, practitioners of Qimen Dunjia, and the bamboo divination sticks before wooden Bodhisattvas. High officials determine appointments based on bazi (八字, Eight Characters of birth time), and those in power use people based on their facial appearance. A criminal court prosecutor told me: ‘That ferocious look of his suggests he is capable of murder.’’ Tao Xingzhi was clearly satirizing and criticizing the ‘superstitious governance’ of China’s ruling class at the time. His phrase ‘those in power use people based on their facial appearance’ and the prosecutor’s words, in context, evidently reflect the then-current popularity of traditional physiognomy in official circles and the possible widespread application of Physiognomic Adjudication  in judicial settings. In the 10th issue of the Police Affairs Ten-Day Report (警务旬刊 Jǐngwù Xúnkān), compiled and printed by the Beiping Municipal Public Security Bureau in 1935, suspects’ facial features were categorized into five types: unruly and violent appearance (乱暴相 luànbàoxiàng), greedy appearance (贪欲相 tānyùxiàng), vain appearance (虚荣相 xūróngxiàng), insidious appearance (阴险相 yīnxiǎnxiàng), and indolent appearance (怠惰相 dàiduòxiàng). Specific facial features within each category were correlated with a propensity for certain crimes. This was a requirement for police officers to master traditional physiognomic arts to identify villains and detect crimes by appearance, so as to better patrol and handle cases.

Traditional Physiognomic Adjudication  not only continued into the modern era but also demonstrated a certain intersection and fusion with Western “criminal phrenology.” On March 24, 1928, the Shanghai University of Law (上海法科大学 Shànghǎi Fǎkē Dàxué) held a mock trial in its Dadao Hall. The judge, prosecutor, clerk, lawyers, etc., all wore uniforms, making it very realistic. The case involved a fraudster who had obtained property by deception and was handed over by the police station to the prosecutor for investigation and indictment. During the trial, a certain prosecution witness, due to his particularly peculiar facial features, was actually attacked by the defense lawyer: “According to the principles of criminology, those with peculiar facial features often exhibit signs of criminality. If the court wishes to know the veracity of his testimony, it need only look at this gentleman’s appearance.” This left the witness “red-faced and extremely embarrassed.” Although this case was a simulation, it was a case of ‘fiction mirroring reality’ (假戏真做 jiǎxì zhēnzuò). The defense lawyer’s attack on the prosecution witness’s testimony based on facial features can, to a certain extent, reflect the actual influence of physiognomy on legal and judicial circles. Combined with the aforementioned statements about criminology and Tao Xingzhi’s remarks, this reflects a fusion of Chinese and Western principles of identifying villains and detecting crimes through facial appearance.

From the perspective of judicial practice, the methods of the Japanese judicial circle at that time may indirectly reflect the widespread situation of the fusion and combined use of Chinese and Western physiognomic arts. The book Secret Methods of Physiognomy (相人秘法 Xiàngrén Mìfǎ), published in 1923, records: “In European and American countries, judges, police officers, and criminal detectives all possess common knowledge of physiognomizing people. This is based on sciences such as psychology and physiology, used to verify worldly wisdom and human nature, and observed in an integrated manner. There are indeed verifiable facts, used to supplement deficiencies in evidence collection. Japanese judicial circles and police departments, consulting Chinese physiognomic methods (相法 xiàngfǎ) and concurrently using phrenology (骨相 gǔxiàng), apply them to criminals to resolve doubtful cases (疑狱 yíyù). Interrogating cases based on appearance is like seeing into their innermost being (如见肺腑 rú jiàn fèifǔ). In recent times, as human intelligence has advanced, the sophistication of thieves has also increased, and their techniques for concealing guilt and glossing over faults have progressively improved. Therefore, the application of physiognomic arts has almost become an essential science for judges, police officers, and detectives.” This indicates that criminal justice circles in European and American countries widely applied phrenology to compensate for evidentiary shortcomings, and particularly that Japanese judicial circles and police departments, in order to “resolve doubtful cases,” combined Chinese physiognomy with Western phrenology in their application. It can be said that since modern times, especially since the First Sino-Japanese War, China has had a tendency to “take Japan as a teacher” in almost all aspects, and this was particularly prominent in law, including the judicial litigation system. Although Physiognomic Adjudication  was not stipulated at the institutional level in either China or Japan, to deal with doubtful cases and increasingly sophisticated crimes, this widespread Japanese legal practice of combining Chinese and Western physiognomic arts, which had the effect of “interrogating cases based on appearance, as if seeing into their innermost being,” was also very likely to have been adopted and utilized by Chinese criminal justice.

III. Through the Lens of "Science": A Reappraisal of Traditional Physiognomy and its “Physiognomic Adjudication” 

（I） “Experimentation” as the Main Criterion for Modern Criticism of Traditional Physiognomy and its “Physiognomic Adjudication”

“Physiognomic Adjudication”  played a significant role in traditional Chinese justice, proving crucial for judicial officials to quickly identify or preliminarily assess criminal suspects; this can be described as the highest value manifested by traditional Physiognomy (面相学 miànxiàngxué). For this reason, mastery of Physiognomy was not only the professional capital of physiognomists but also a fundamental quality required of judicial officials. Together with “adjudication by the five hearings and observation of demeanor” (五听貌审 wǔ tīng mào shěn), it formed an important link in evidence gathering within traditional Chinese justice. However, by the late Qing Dynasty, as China’s doors were forcibly opened by Western powers, Western culture surged in. It is noteworthy that “criminal phrenology”  or the “born criminal” (天生犯罪人 tiānshēng fànzuìrén) theory, epitomized by Lombroso, was a result of active introduction by the Reformists. Yet, following the failure of the Reform Movement, and particularly with the unfolding of late Qing legal reforms, Lombroso’s “born criminal” theory encountered fierce attacks from Ogawa Shigejiro. Nevertheless, due to the reverence for “science” since the May Fourth Movement, not only was Lombroso’s “criminal phrenology,” as termed by contemporaries, reaffirmed by the Chinese people, but it was also widely sensationalized as “scientific” by various media, because it was believed to be constructed upon objective “experimentation.”

It should be said that “Western phrenology,” vaunted as “scientific,” posed a fatal challenge to traditional Physiognomy, which was regarded as “superstition,” to the extent that the Nationalist Government began to suppress and ban superstitious professions like divination and astrology in 1928. Although this effort ultimately fizzled out, and these practices even continued to survive and develop in various societal domains—for instance, the importance attached to traditional Physiognomic Adjudication  in judicial circles seemed scarcely less than that of Western “criminal phrenology,” and they even coexisted actively in criminal justice activities—these were the hard-won results of strenuous struggle. In particular, it was the skillful, professional self-defense by masters of destiny calculation and physiognomy like Yuan Shushan (袁树珊 Yuán Shùshān), arguing that Chinese and Western physiognomic arts were “no different in principle” (理无二致 lǐ wú èrzhì), that fundamentally turned their fate around.

The watershed between traditional Chinese society and modern society, aside from the core political system of “democracy,” is perhaps “science.” Although the May Fourth Movement initiated an enthusiastic pursuit of “science” among the Chinese people, with regard to physiognomy or phrenology, some were already using “science” and its hallmark, “experimentation,” to evaluate Chinese and Western physiognomic arts during the New Policies period of the late Qing. In 1903, Jiang Zhiyou (蒋智由 Jiǎng Zhìyóu), writing under the pseudonym 'Guan Yun' (观云 Guān Yún), published a commentary in New People’s Miscellany (新民丛报 Xīn Mín Cóng Bào), stating: “Ancient Western phrenology, examining hand shape and bodily form, was largely similar to that of the East (东洋 Dōngyáng), with minor differences. Its drawback was the lack of an experimental basis and the absence of broad inductive results. Thus, it was dismissed by modern scientists. Then came Dr. Gallus (额卢氏博士 Élú shì Bóshì), who extensively studied the differences among various animals, Eastern and Western human races, and the distinctions between the old, adult, and young. He obtained numerous empirical facts and established them as the foundation of phrenology. Many later scholars followed suit, each engaging in research, and phrenology thus became associated with experimental psychology and was trusted by great philosophers such as Kant (柯德 Kēdé) and Spencer (斯宾塞尔 Sībīnsài’ěr).” Here, “East” (东洋 Dōngyáng) does not refer exclusively to Japan but includes both China and Japan, being an abbreviation for “Eastern physiognomy” (东洋相学 Dōngyáng xiàngxué). As is well known, Japanese physiognomy was actually formed mainly through the introduction of Chinese physiognomy; therefore, the main body of so-called “Eastern physiognomy” was, in fact, Chinese physiognomy. In Jiang Zhiyou’s view, ancient Western phrenology and traditional Chinese physiognomy were largely similar, but due to the lack of “experimentation” and “induction,” both were unscientific and delusive studies. Later, because Dr. Gallus in modern times conducted extensive studies through experimentation, Western phrenology was endowed with a “scientific” basis and eventually gained the trust of great philosophers like Kant and Spencer. Jiang Zhiyou’s admiration for the “scientific experimentation” of modern Western phrenology can be said to represent the basic stance of many Chinese people, and even the state, at that time. It also became an important basis for contemporaries, including officials, to disparage traditional physiognomy and Physiognomic Adjudication .

（II） “Experience” as the Underlying Logic of Traditional Physiognomy and its “Physiognomic Adjudication,” and a Reconsideration of the Criticisms

Is the “science” imported into China since modern times the sole criterion for testing truth? Or, to put it another way, is it the touchstone for verifying modern Western phrenology as “true” and traditional Chinese physiognomy as “false”? From the perspective of people endowing “science” with attributes of “correctness” or “truth,” can it be that Western phrenology, built upon the foundation of “experiments” like physiological anatomy, is “true science,” while traditional Chinese physiognomy, built upon the foundation of “experience” such as life observation, is necessarily “pseudoscience”? It can be said that since the late Qing, most Chinese people influenced by Western learning would generally not harbor these doubts, even concerning the identification of villains and detection of crimes through physiognomic observation. This is because, in their view, “science” is not merely a method but also represents “correctness” and “truth”; and since “science” originated in the West, traditional Chinese physiognomy and its Physiognomic Adjudication , lacking a “scientific” background, are naturally “superstition.”

However, the issue is not so simple. From the perspective of modern people attributing “correctness” or “rationality” to “science,” does the concept of “appearance is born from the mind/heart” (相由心生 xiāng yóu xīn shēng), constructed upon long-term life “experience,” not possess “scientific nature”? Although the ancients did not use “experimental” scientific methods for verification, they objectively provided factual demonstration for xiāng yóu xīn shēng through “experiential” means. Long-term “experiential” observation and summarization became the underlying logic of traditional physiognomy and its appearance assessment. It can be said that although the methods of “experience” and “experimentation” differ, they can achieve the same goal through different paths (殊途同归 shūtú tóngguī), both leading directly to an essential understanding of things. More importantly, the “long-term nature” of “experiential” observation can sometimes be more reliable than the results of one or multiple experiments, not to mention that many fields cannot be tested or falsified through experimentation. Of course, the xiāng yóu xīn shēng concept and the specific physiognomic arts derived from it did not merely rest on “experience”; rather, they developed into a unique set of concrete theories distinctive to ancient Chinese people, namely, the “Theory of Yin-Yang and the Five Elements” (阴阳五行说 yīnyáng wǔxíng shuō). Just like Traditional Chinese Medicine (TCM), its fundamental constructing theory is the “Theory of Yin-Yang and the Five Elements.” Should we ban it simply because this theory does not conform to modern science? Although TCM has indeed been “besieged” by proponents of so-called “scientific Western medicine” in modern and even contemporary times, facts have proven that such “besieging” is utterly absurd and doomed to failure.

（III）"Exclusive Reliance on Facial Features" as an Objective Cause for the Denunciation of Traditional Physiognomy and its “Physiognomic Adjudication”

That traditional physiognomic arts were attacked by “science” in modern and even contemporary times, aside from the aforementioned reliance on experience and the abstruseness of the “Theory of Yin-Yang and the Five Elements”, likely has a key reason in the existence of many charlatans, especially those who solely determined good or ill fortune, auspiciousness or inauspiciousness, based on facial features. Society was rife with sham physiognomists, so it was natural for their practices to be denounced as “baseless talk”. In 1918, Lu Yunqi edited and published the Complete Book of a Myriad Treasures for the Family . Its section ‘Appended Physiognomic Arts’ stated: ‘There is no doubt that the art of face reading has flourished since the Han Dynasty. However, later practitioners, without inquiring into a person’s mind and character (心术 xīnshù), solely used facial appearance to determine good or ill fortune, auspiciousness or inauspiciousness, and thus were reviled by the world. It must be known that what is within will inevitably manifest without (有诸内，必形诸外 yǒu zhū nèi, bì xíng zhū wài); this principle is indeed credible and verifiable.’ This points out the true source of the criticism.

Later physiognomists who inquired only into facial features, not into the human heart/mind (人心 rénxīn), indeed deviated from the true essence of traditional Physiognomy. The saying in The Divine Physiognomy of Mai (麻衣神相 Máyī Shénxiàng)—‘If there is mind but no [corresponding] appearance, appearance will arise following the mind; if there is appearance but no [corresponding] mind, appearance will fade away with the mind’—brilliantly reveals the decisive factor of the good or evil nature of the heart/mind (心地 xīndì) behind facial features. Chen Tuan (陈抟 Chén Tuán), a disciple of Maiyi Daozhe (麻衣道者), stated in his famous Treatise on the Physiognomy of the Mind (心相编 Xīn Xiàng Biān): ‘The heart/mind is the root of appearance; examine the heart/mind, and good and evil will naturally be seen. Actions are the expression of the heart/mind; observe actions, and fortune or misfortune can be known.’ Thus, it is evident that true Physiognomy actually placed great importance on examining the heart/mind’s moral qualities, including speech and behavior. Orthodox Physiognomic Adjudication  was by no means solely about discerning villains and detecting crimes based on facial features alone. In fact, when the early philosopher Xunzi  wrote the special chapter Against Physiognomy , his purpose was not to completely negate physiognomic arts but to criticize those who judged people solely by their facial features. However, later vulgar charlatans distorted the main principles, deliberately mystified things, and even made brazen assertions. How could they not attract the attacks of “science”?

Conclusion

In the mainstream scientific discourse of the modern era, a high degree of vigilance is consistently maintained regarding the use of facial features or cranial features to identify villains and detect crimes. In this regard, this author believes: first, appearance assessment in Physiognomy is not evidence in itself; it is merely a reference for rapidly and effectively making a preliminary judgment about criminal suspects. It does not possess inevitability and, at best, only offers a high degree of probability. The view that regards “Physiognomic Adjudication” or “criminal phrenology” as the basis for conviction is clearly a misinterpretation. Second, when dealing with the social state of human beings, one should appropriately distinguish the “scientific” boundaries between the humanities and social sciences and the natural sciences. The practice of frequently using the methods of the latter to measure the former is evidently a misinterpretation of the former. Although academia offers rich interpretations of the methodological differences between the two, in reality, people still more often habitually or presumptuously use natural sciences to evaluate the humanities and social sciences, completely overlooking the “human” factor within the humanities and social sciences. This is a point that requires special attention and reflection.

It is worth mentioning that these physiognomic theories, which are not favored by “science,” seem to be gradually attracting renewed attention today, and another related field with a broader perspective, “criminal biology”, has also begun to develop. To this day, although the relationship between facial features and character has not yet been “scientifically” proven, many such instances indeed exist in reality. From a judicial perspective, while judges should certainly be faithful executors of the law, they are, after all, human, and when adjudicating cases, they may, like ordinary people, be influenced by the appearance of the parties involved. How to correctly view and appropriately handle this is highly worthy of our consideration. Furthermore, with the rapid development of technology, especially AI, considerable convenience has been provided for judicial personnel to identify criminal suspects through facial recognition technology supported by judicial big data. Does this offer a certain prospect: could technological advancement possibly provide a “scientific” space for the expansion of Physiognomic Adjudication?