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Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question. Alexis de Toqueville Theatre of Fact, like a fast sock in the jaw from, the thirties, has forced its way onto the American stage again. But unlike its noisy brawling predecessor, the Living Newspaper, which was fathered by the Federal Theatre out of the fertile discontent of the depression, this present brand of Theatre of Fact has lowered its voice and grown more decorous. It has entered the courtroom. Two German playwrights have had a prime influence in the use of court records as dramatic material. Heinar Kipphardt's In the Matter of J. Robert Oppenheimer and Peter Weiss’ The Investigation, produced first in Germany and then here in the United States in the mid-sixties, effected radical departures in dramatic form insofar as they relied almost entirely on the sheer weight of fact and the dialectic of courtroom argument to provide the movement and emotion expected of an evening in the theatre.
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