Shove the Fatman, or, Huzzah for Sophisticated-expectablist-rule-consequentialism!

My opponent claims that pushing the fat man is the most justifiable action compared to ANY other combination of actions. I merely need to propose a more justifiable decision. A. In the first case, my opponent claims that after discovering that either five people will die or one person will die, you should automatically try to kill one person to save five. However, I have a more justifiable solution: 1. Make some observations. Why is it that these men are tied to the train tracks? Is it that all of them are the victims of one villain? Or is it because the Joker hired five thugs to tie one man to a train track, and then tied those five men in himself? 2. If the five men tied together are in no way guilty, pull the switch. 3. If the five men tied together are guilty of having tied the first man to the train tracks, don't pull the switch. I believe that this is more justifiable because if this is all just a plot by the five to make you kill the one by your own hand, then the five win immorally. It's better to let the five die, and the innocent man who got tied to the train track to live. B. In the first case, my opponent claims that after discovering that either five people will die or one person will die, you should automatically try to kill one person to save five. However, I have a more justifiable solution: 1. Make some observations. Why is it that five people fell onto the tracks? Were they pushed? Did they trip? Or is this just an elaborate scheme by the five to get the fat man killed, knowing that you likely follow SERC? Perhaps the five men are shareholders in a mining company, and the fat man got injured by one of their machines. The company then had to pay the fat man $1,000,000 over the next ten years. To avoid paying this money, the five men would have to get the fat man killed. The best solution is to get somebody to use morals to justify pushing the fat man in front of a train. If you happen to recall seeing this story in a newspaper recently, and the five men are all wearing the same business suit, and the fat man looks exactly like the fat man in the newspaper, it's probably a good idea NOT to push the fat man into the train. Or perhaps the five men jumped onto the train tracks yelling, "Suicide! " They obviously intend to kill themselves. Why save the lives of people who'd rather die over the life of a man who'd rather live? 2. Check to see if the fat man happens to be doing anything important, such as trying to stop a murderer who is running through the train station to get away from the police. Perhaps the fat man is keeping a mine from exploding by keeping his foot on it (it's triggered by RELEASING one's foot, you see [1]) until everybody evacuates the train station safely. In such a scenario, it would be tremendously unwise to push the fat man, as everybody in the train station would die. 3. If the five men are situationally innocent, and the fat man is not saving people's lives, push the fat man in front of the train. 4. Otherwise, do not push the fat man in front of the train. In conclusion, one should not just push the fat man, but should instead check why the five men fell onto the train tracks, as there are numerous situations in which the five men are acting entirely immorally, and deserve to die. I look forward to my opponent's response. Good luck. 1. . http://vids.myspace.com...