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Criminalized by Name
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Criminalized by Name
Obeah entered Caribbean law as a named crime before it entered any dictionary as a settled word for a settled practice. Jamaica's 1760 Act, passed after the trials that followed Tacky's Revolt, made Obeah practice a capital offense, naming it directly among the causes colonial authorities blamed for the uprising. Other British Caribbean colonies followed with their own Obeah statutes across the following century, and the laws did not require proof that any actual harm had occurred: proof that a person had claimed supernatural power, for a fee or for influence, was usually enough. The laws survived long past slavery's abolition in 1834 and 1838. Jamaica retained an Obeah Act into the twentieth century, and versions of it remained on the books in several Caribbean jurisdictions for generations after independence, amended rather than repealed, some only in the twenty first century. Prosecutions fell overwhelmingly on Black Caribbean people, and the charge functioned as a flexible tool: it could target healers, diviners, political organizers, or simply someone a neighbor wished to see punished, since the law asked only whether the accused had claimed occult power, not whether any of it was real. Reading the statutes and the surviving court records together shows a colonial state treating African-derived spiritual authority itself, independent of what was actually done with it, as the danger requiring punishment.
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