Policing characteristically restricts the most basic human rights, including the absolute right of human dignity. Society demands policing that averts danger by providing protection in accordance with criminal law guarantees and against threats not addressed by criminal law. A key question is essentially whether order should be protected before legal values for the sake of maintaining order. This question is sometimes approached in terms of the conflicting values of legality and effectiveness. The use of discretion does not necessarily mean "contra legem" consequences since discretion has legal limitations. If, however, consideration is given to the principle that everything not expressly prohibited by law is permitted, then discretion is generally the key to intervention possibilities not in the "non ius" area but in the sphere of guaranteed human rights. Clearly, there are contradictions between police functions and the increasingly wider-ranging legal regulation of society. The resulting tension necessitates narrowing the scope of free discretion or at least making it controllable. Antecedents in the history of jurisprudence are noted.